The Celsius-High Noon Mix-Up That Made National Headlines
In a case that made national headlines, the Food and Drug Administration (FDA) announced a recall of Celsius energy drink cans after discovering that some were mistakenly filled with High Noon vodka seltzer. The recall was issued after certain cans of Celsius Astro Vibe Sparkling Blue Razz Edition were found to contain alcohol instead of the expected caffeine-based beverage. The affected products originated from a shared packaging facility used by both brands: Celsius Holdings, which produces Celsius energy drinks, and E. & J. Gallo, which owns High Noon. The recall applies to Celsius cans with lot codes between “L CCB 02JL25 2:55” and “L CCB 02JL25 3:11,” produced between July 21 and July 23.
The mix-up occurred when empty Celsius cans were mistakenly sent to a High Noon production line, where they were filled with vodka seltzer and then distributed as energy drinks. This labeling error could have resulted in adults or minors unknowingly drinking alcohol, which prompted swift FDA involvement. The agency called the recall a serious safety issue, warning that mislabeled alcohol products can lead to unintentional intoxication and pose significant health and legal risks.
What If Someone Drove After Unknowingly Drinking Alcohol?
While the FDA’s focus was on consumer safety, this incident raises an important legal question:
What happens if someone unknowingly drinks alcohol from a mislabeled product and then drives?
Could a situation like this create a viable defense against DWI charges under New York law?
How “I Didn’t Know” Could Impact a DWI Case
Under New York law, a person can be charged with DWI if they operate a vehicle while impaired by alcohol or drugs — regardless of intent. However, the issue of awareness can influence how a defense is built. If credible evidence shows that someone genuinely did not know they were consuming alcohol — such as through a verified recall and documented mislabeling — it may help establish reasonable doubt regarding culpability.
This type of defense would rely heavily on proof: the recalled product, purchase information, witness accounts, and official recall documentation. While “I didn’t know” is not a blanket defense in DWI cases, when paired with strong evidence, it can shape how prosecutors and courts interpret responsibility and intent.
Why This Matters for DWI Law
The Celsius–High Noon recall is a reminder that even honest mistakes can have serious consequences. It highlights the complexity of DWI law and why understanding both the science and the intent behind impairment is crucial when defending these cases.
