A couple toasts with 5-hour Energy. (Flickr/quinn.anya)

From the Journal:

The drinks are regulated more loosely than traditional sodas such as cola...The New York probe is focused on whether the drink makers are misleading consumers with inaccurate labeling and advertising, according to the person familiar with the matter. The investigation is in the early stages and could expand to other companies, that person said.

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Investigators are examining whether the companies overstated the benefits of exotic-sounding ingredients while understating the role of caffeine, a common stimulant that industry critics believe to be the main active ingredient, that person said.

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If energy-drink makers are found to have violated certain New York state laws regulating food and drugs, they could be forced to pay civil fines and penalties, and to change their labeling and marketing.

Monster, which is based in the Los Angeles region, took a hit to its stock when news of the probe was first disclosed earlier this month. On Tuesday, Monster stock fell considerably again early in the trading day.

Energy drinks account for just 3 in 10 sales of carbonated beverages nationally, but that figure is growing.

An Italian study released Monday found energy drinks do get one's heart racing in an hour.

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