NEW YORK – The Wall Street Journal reports that Monster
Beverage Corp. has asked a federal court to halt efforts by San Francisco City
Attorney Dennis Herrera to place restrictions on energy drinks, arguing such
regulations are a federal matter.
In a lawsuit filed last week in U.S. District Court in
Riverside, Calif., Monster said Herrera’s office was “acting illegally by
trying to force it to cap serving sizes and limit marketing, among other curbs,”
notes the newspaper.
Herrera's Consumer Protection Unit launched an investigation
into Monster’s business and marketing practices last year and asked the company
“to substantiate marketing claims that the large dosages of caffeine contained
in the popular beverages are ‘completely safe’ for consumption by adolescents
and adults, and that Monster Energy drinkers ‘can never get too much of a good
thing!’”
Herrera recently joined 18 scientists and public health
experts in urging the U.S. Food and Drug Administration to “take more
aggressive regulatory action to protect children and adolescents from the
dangers, citing FDA data that consumption of Monster Energy had been implicated
in at least five reported deaths,” notes a press statement by Herrera’s office.
Herrera's actions against Monster come on the heels of a
similar investigation by New York state Attorney General Eric T. Schneiderman launched a
separate investigation into the marketing practices of Monster, AMP
(PepsiCo), and 5-Hour Energy (Living Essentials). The Food and Drug
Administration is also currently studying whether energy drinks “pose
significant risks” when consumed in excess or by “vulnerable groups,” notes the
Journal.
The newspaper continues that Monster says its drinks are
safe and subject to federal oversight by the FDA, and that the Herrera is
unfairly singling out the company because “any child can walk into a Starbucks”
without any restrictions — even though Starbucks coffee has roughly twice as
much caffeine per ounce as a Monster energy drink. Monster also says that energy
drinks from competitors such as Red Bull and Rockstar have similar caffeine
levels as Monster’s products.
“It appears, therefore, that Defendant [Herrera] gives
little regard to medical science, FDA's expertise, or fact,” Monster states in
the lawsuit.
Herrera, meanwhile, posted online his reaction to the
lawsuit: “Monster Energy is claiming an unfettered right to continue marketing
its products to children and youth, even in the face of overwhelming evidence
that its products pose serious risks to young people's health and safety. I
strongly disagree with Monster's legal contention, and I intend to litigate
this case aggressively to reform their irresponsible marketing and business
practices, which I believe clearly violate California's consumer protection
laws.”