What’s that? You’re not drinking that energy drink for its dietary benefits, but instead to stay awake after pulling an all-nighter at the office? That’s funny, because New York’s attorney general also thinks energy drinks shouldn’t be marketed as dietary supplements and that maybe PepsiCo’s Amp, Monster and 5-Hour Energy a drinks are being a bit squirrelly with how they sell their products.

BusinessWeek says the probe is still pretty under wraps, but that N.Y.’s Attorney General Eric Schneiderman is on the case. He’s reportedly already issued subpoenas to the companies involved in order to find out if they’ve been improperly marketing their drinks and not being totally up to snuff with ingredient disclosures.

For example, calling something a dietary supplement that isn’t — not cool. Or not telling the consumer how much caffeine is really in that beverage? Also not going to fly. The investigation is just starting to roll now, and could end up involving other companies, said a source familiar with the matter.

After what went down with the demise of Four Loko (which, to be fair, included alcohol while these drinks do not), we’re sure the head honchos at these companies are shaking in their highly caffeinated boots. Well, shaking more than usual.

PepsiCo, Energy-Drink Makers Said to Be Probed by N.Y. AG [BusinessWeek]

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