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

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.

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John 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.

When CTV News asked if he wouldn’t rather wait until that comes out rather than stick it out with this, John responded:

“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.”

In a statement, the Canadian Food Inspection Agency (CFIA) said they are verifying that industry is removing recalled products from the marketplace.

“The CFIA is verifying that industry is removing recalled products from the marketplace. If recalled product is found on retailers’ shelves, the CFIA will ensure that it is removed from sale and the product may be detained,” the statement reads in part.

CFIA said the law requires anyone who sells domestic or imported food or beverages in Canada is responsible for making sure they meet all regulatory requirements and that the food or beverage is safe to consume.

“When non-compliant products are identified, the CFIA takes appropriate actions, which can range from verbal and/or written notifications to warnings, detention of product, product recall, and/or prosecution,” said the statement.

“Enforcement actions are based on harm, history, and intent of the non-compliance.”

CFIA advised that if consumers become aware of recalled products being sold they can make a report online here.