From popular "energy drinks" to increasingly popular "energy foods," caffeinated products have recently come under scrutiny from Congress and the Food and Drug Administration, with litigation ongoing and likely to increase in the near term.

Caffeine is a naturally occurring stimulant, commonly extracted from several different species of plants. Ninety percent of Americans consume some amount of caffeine on a daily basis, and the FDA considers caffeine to be a "Generally Recognized as Safe" (GRAS) ingredient for beverages in amounts not exceeding .02 percent of the product. GRAS status for caffeine rests on the fact that a toxic dose in adults consists of 10 grams or more of caffeine, while a typical cup of coffee contains 80-135 milligrams and a 12-ounce soft drink around 40 milligrams. The FDA does not require manufacturers to include the caffeine content of their products on packaging.