Energy Drink Company Sues San Francisco Attorney

Monster is claiming that City Attorney Dennis Herrera is unfairly targeting the company by asking it to prove that its products are “safe.”

May 06, 2013

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.”

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