Northern Ont. businessman says he’ll keep selling outlawed energy drink

Michael John says he’s not going to stop selling Prime Energy and several other recalled drinks — even though it’s now illegal to do so.

The owner of an electronics shop in Cochrane said Friday that he bought dozens of cases of Prime Energy, Five Hour Energy and 3D Alphaland and intends to sell them all and buy more from the U.S.

He said they are popular.

“Roughly last year, I was bringing them in case by case and they got so popular over the months,” John said.

The drinks exceed the federal caffeine limit of 180 mg, with Prime’s U.S. product containing 200.

John said he spent thousands of dollars on his supply and said it’s unfair and hypocritical that it all needs to go in the trash, when people can buy multiple servings of approved drinks like Red Bull.

“You can see kids going into stores buying two, three red bulls at a time,” he said.

“They’re not limiting drinks. They should have put a limitation on the age and so forth on it, not just say it’s completely recalled. It’s not fair to business owners.”

One food law expert said retailers that don’t stop selling recalled products are in for trouble.

“They’re doing so at their own risk,” said lawyer Glenford Jameson.

Michael John says he’s not going to stop selling Prime Energy and several other recalled drinks — even though it’s now illegal. (Photo from video)

“There are significant provisions in both the Food and Drugs Act and the Safe Food for Canadians Act that, in a sort of blanket sense, prohibit the sale of recalled product. It’s a serious statute.”

Prime’s cofounder, YouTube star Logan Paul, addressed the recall on social media.

“We don’t even distribute Prime Energy in Canada,” Paul said, adding that the product is being illegally distributed.

The drink has already been under scrutiny in the U.S. for its alleged marketing to children.

Jameson said Prime and other drinks are likely making their way into the country through smugglers and negligent importers.

John said he makes customers aware of the potential dangers for children and adults.

He says if the feds come knocking, he won’t stand down, even with a legal 140 mg version of Prime set to come to Canada.

“Would you rather wait until that comes out, rather than stick it out with this?” he said.

“No, absolutely not. I’ll hold the line, continue selling. If they want a fight, we’ll fight with it in court. That’s how it’s gonna be.”