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-- -- -- back in session on the docket today drunk wired.
And driven to a tragic death.
A Florida family is now suing the makers of for a -- A caffeine -- alcoholic drink known to the college crowd as blackout in -- can.
According to -- and -- -- their twenty year old son Jason sophomore Florida State University.
Got so manic -- erratic after three of these drinks he accidentally shot himself in the head at a party.
So far no comment from -- logo on his death.
But for local has said in the past it does not feel responsible for its.
So did Jason's parents actually have case let's ask our panel are thread dollar is a Fox News legal analyst mark I.
Attorney and former prosecutor.
Our panel so.
You know that that defense one can expect.
Mark will be personal responsibility that no one forced this.
Twenty year old to pick up three cans of the stuff when you're down is the equivalent of -- -- glasses of wine.
Eighteen they say.
As well as several.
Several cups of coffee that's the combination in three of these -- -- -- a for a look us to this kid and and and and yet he's.
One who chose to do it.
That's correct I mean that I feel for this family my heart goes out to them but their lawsuit is thoroughly.
Both based on common sense in the law there theory doesn't make much sense in other words it's the drinks fault not -- is.
That he chose to underage.
Binge drink put a loaded gun -- -- head and then pull the trigger.
That makes no sense at all it says right on the -- Contains alcohol in bold -- large letters contains 12% alcohol he knew what he was doing.
And he is the one ultimately whose -- -- and you know Arthur if I have the number now -- -- alcoholic written three of these.
For a -- -- three cans of you -- the equivalent of eighteen light Beers and six cups of coffee in the dangerous.
You you you supposedly cannot feel yourself getting drunk and drunk current stronger.
Because the caffeine that's packed and the beverage.
And the family says it is foreseeable.
To a company like this that makes this drink that kid is gonna is gonna buy it in -- it.
But look at that packaging that you Jewish.
-- that -- that look like a beer can didn't look like a bottle line.
These -- what what enrages me.
Is that this continues to be targeted towards a college student audience it's marketed by college by some college and there is a history -- you would be correct in your analysis if there -- -- repeated history year.
I'm looking and I believe for a five different -- of the course is big gang assault that's been caused by this they've met multiple hospitalizations.
Because of this and now after this tragedy.
The FDA has come out and said you have fifteen days to change this -- reported off the table are there is -- for foreseeable -- What did foreseeable of that company after the first death or the second death or other third -- all the fault that that this this.
Beverage the -- package the audience is targeted to what it contains would cause somebody to lose their -- did not know.
-- -- -- Wow aren't there so I guess you're just targeting this company not all alcoholic beverages that grain alcohol that we drank in college and did -- a little business up.
How about fifty per cent of those who consume alcohol are binge drinkers so regardless of whether this caffeine and they are not.
They're good -- wrinkle a lot like this kid did and then feel the effects at some point -- are having caffeine and there is not going to have any different.
-- what I believe you are mistaken by what the judge just told us that the caffeine and -- does have a different.
I -- -- that point now are there on that point what's to stop I mean in the one of the big drinks now is running Coke.
Another big drinks in a Coca-Cola which has caffeine -- another big drink -- vodka and red bowl.
Red Bulls got a huge jolt of caffeine in -- of course is a depressant.
And as any alcoholic so that -- the -- logo manufacture has said look.
There there there's no you know each hit my target us there are lots of -- cocktails out there that combine these two -- -- -- I'd like to ask that question to -- they obviously agree with the FDA.
How come the FDA just tell them.
Our -- told them they have fifteen days to pull this off the shelf so obviously if people regulate these think that there is an issue it's not just -- -- know other people -- director -- -- are obviously the federal government has targeted this as a problem on our side.
Ticket does the company yes they have a couple of incidents that they're gonna have to deal with and then there's that case out west were all those college student passed out because they were drink in this -- -- And by the way that the lawyer for this kid's family says it's a death wish disguises an energy drink a certain about Chuck Schumer.
Chuck Schumer says is a death wish disguises energy energy drink but the question mark.
Is you know how are they going to prove that they drink caused this action you've got other college kids -- were using this drink and they didn't plotting gun and kill themselves.
They can't and you just said it perfectly I think -- is taking a huge -- first of all by indicting this company as opposed to.
All beer and other alcohol companies that's number one and number two it's not reasonably foreseeable to them that their product by including caffeine.
Some -- believe that this underage binge drinking.
Put a big.
He -- and mark he had three not you're a three he had taught me.
Are there his level was point 28 -- and -- -- mad 12% unreal right.
That's one is surveying -- three he drank three times uniting with both -- -- And here's the difference and even even when you say Megan about you know the mixing vodka with -- Item that is sold totally differently and so we're gonna take that extra step and you have to go to a liquor store in most states.
-- I had to go out the apple buying it -- -- others question about personal responsibility I crack myself but the company is that they don't agree with the notion.
Then -- caffeine and alcohol is inherently unsafe and comment on her monthly.
Our panel thank you but I'm going to -- by our viewers a wrongful death claim requires proof that the defendant should have reasonably foresee that its product would -- to this death that's too big stretch here.
This drink is a problem it is being grossly abused by the very people one expects to act irresponsibly with alcohol college kids.
But this boy's death while tragic cannot between his company.
It was his decision -- -- -- -- --
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