Lawsuit blames Texas cheerleader's death on excessive energy drink consumption

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WESLACO, Texas - The parents of a Texas cheerleader have filed a wrongful death lawsuit against a beverage distributor in Hidalgo County.

Larissa Rodriguez died in October. The 17-year-old was a cheerleader and student council president in Weslaco, Texas, with aspirations of attending the University of Texas and becoming a lawyer.

Texas teen died from ‘cardiomyopathy caused by excessive caffeine consumption’

The lawsuit claims Rodriguez purchased and consumed one or more Alani Nu energy drinks from an H-E-B in Hidalgo County in the days leading up to her death. Those drinks were supplied to H-E-B by Glazer's Beer and Beverage, according to court documents.

"We started this investigation because we found out through the medical examiner for Hidalgo County, that the cause of death was an enlarged heart due to stress and large amounts of caffeine," Benny Agosto, Jr., the attorney for the parents, said Wednesday.

Rodriguez "suffered a fatal cardiac event" and the Hidalgo County Medical Examiner later determined her cause of death as "cardiomyopathy caused by excessive caffeine consumption," according to court documents. Agosto said the medical examiner ruled out drugs and alcohol in Rodriguez's death.

What they're saying:

"But unfortunately, when a product targets young people, a product targets young women and girls with their product," Agosto said during a Wednesday press conference. "With the way it looks, with the fancy label, with the taste so sweet. And also through social media. What do we see? You see these influencers that are paid and given products for free, so they can advertise and promote and bring in more users."

The lawsuit claims there are inadequate warnings on the cans and that the "wellness-centered" marketing led to Rodriguez's excessive consumption of the drink.

During Wednesday's news conference, Agosto said Alani Nu had become such a part of Rodriguez's life that even a homecoming proposal was centered around the brand.

"And why do you think the Alani is the invitation? Because this is the popular drink that you are supposed to be drinking," Agosto said. "According to the marketing, according to the social media, and according to youth in this community. So there's Alani drinks. ‘Hope you have the energy to go to homecoming with me. Yes or no?’ and of course she said yes."

The lawsuit claims the defendants failed to warn consumers that Alani Nu energy drinks contain double the recommended daily intake of caffeine for minors. A 12-ounce can of Alani Nu contains 200 milligrams of caffeine. The lawsuit cites an American Academy of Pediatrics study that recommends no more than 100 milligrams of caffeine per day for children aged 12–17.

"The only cautionary language on the can – 'Not recommended for children under 18, those sensitive to caffeine, pregnant or nursing women' – is printed in small, inconspicuous text that is easily overlooked and wholly inadequate to warn consumers of the serious risks of cardiac injury and death," the lawsuit states.

What's next:

The lawsuit is asking for $1 million in damages. Agosto said Wednesday that he expects additional defendants to be named in the coming days.

"It's not that she drank five one day and just died. It wasn't like that. It was because, as you can see, she was a popular person, enjoyed the taste of it, enjoyed drinking it. It's part of the social aspect of being a teenager," Agosto said. "Nobody's warning. Nobody's warning that's a danger. And unfortunately, we now learn that that's what took her life."