marketing law: by michael gruver and glenn pogust Targeting Audiences Marketing practices may open a new front in energy drink litigation. Prevent lawsuits by avoiding youth-directed marketing. A Although energy drinks make up only one percent of non-alcoholic beverage sales in the United States, no other food product has felt more intense scrutiny from Congress and the FDA during the past year. While some energy drink manufacturers currently face lawsuits alleging that their products directly caused deaths or seri- 14 food & drink * spring 2014 * www.fooddrink-magazine.com ous injuries, the most significant interest of lawmakers appears to center on the potential harmful effects of marketing these products to children. It is in this area that new laws or regulations affecting energy drink manufactures are most likely to emerge in 2014, accompanied by a potential new wave of lawsuits focusing on marketing practices. To some extent, energy drink makers have become victims of their own success. While sales of most other beverage categories have declined, en-http://www.fooddrink-magazine.com