Recent reports have raised the alarm about the presence of “forever chemicals” like polyfluoroalkyl substances (PFAs) in food items and consumer products, and Prime Hydration is one brand that has been put under the microscope. A lawsuit filed in California is seeking $5 million in damages for plaintiffs who believe Prime peddled “false and misleading representations” to downplay the presence of PFAs in its packaging.
The legal team prosecuting the case filed the class-action suit last August in the U.S. District Court for the Northern District of California. A hearing has been scheduled for May 16. Among a litany of allegations, the plaintiffs allege that Prime boosted its sales numbers by hiding the health risks associated with its products.
“Defendant’s sale of a sports beverage that contains potentially harmful PFAS through the use of false and misleading representations, and failure to warn of the dangers of PFAS, allowed it to charge more for the Product than it otherwise would have been able to, had its marketing and labeling representations been accurate,” reads the complaint. “If consumers had known that the Product was not safe, consumers would not have purchased the Product or would have paid less.”
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Representatives for Prime have countered the allegations by arguing that the plaintiffs’ arguments are “based on speculation and inaccurate ‘interim health advisories’ that have been superseded.” For example, the complaint argues that the level of PFAs in Prime bottles is “significantly higher than the Environmental Protection Agency’s recommended lifetime health advisory,” but the defense has noted that updated EPA guidelines put the PFA limit “70 times higher” than the levels allegedly measured in Prime bottles.
“First off, anyone can sue anyone at any time that does not make the lawsuit true,” Paul said in a TikTok video. “And in this case, it is not… one person conducted a random study and has provided zero evidence to substantiate any of their claims.”
As was the case when Prime drew scrutiny from the FDA, the lawsuit is challenging the composition of the brand’s products and the marketing tactics Paul and KSI have used to sell their drinks. The complaint claims that Prime’s marketing is “designed to convince consumers that the Product is a premium, healthy beverage,” though Prime reps disputed that idea and argued that “‘health’ appears nowhere on the label” and thus the “theory of deception is contrived.”
Prime has continued to land high-profile partnerships and post gaudy sales figures even as it faces challenges in court. No matter what the brand is putting in its bottles, the appeal of its two creator co-founders is still a powerful asset.
