Sarah Mirando  |  December 21, 2012

Category: Legal News

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Monster Energy Labeling Class Action Lawsuit

By Kimberly Mirando

 

Monster energy drinkMonster Beverage Corp. has been hit with yet another class action lawsuit, this time over allegations it fraudulently labels its energy drinks as supplements in order to escape FDA safety regulations for beverages.

The agency has already sent warning letters to two other companies – Rockstar Inc. and Revolt Distribution Inc. – for labeling their energy drinks as supplements while marketing them as conventional beverages.

“Such labeling, marketing and advertising is an attempt to circumvent the safety standards applicable to food and beverage additives and creates a false perception by the consumer that these products are safe,” the Monster drink class action lawsuit states.

In addition, lead plaintiff Alec Fisher claims Monster energy drinks contain a dangerous amount of caffeine, but Monster’s advertising and labeling “fails miserably at providing any warning regarding the dangers of frequent or excessive consumption of caffeine.”

Monster has taken a beating in recent months following the revelation that a 14-year-old girl died after allegedly consuming two Monster energy drinks over two days. The death sparked a wrongful death lawsuit by the girl’s parents and a consumer class action lawsuit alleging Monster’s Rehab energy drink contains a green tea extract that can cause liver damage.

Monster said in a statement that its products meet the regulatory definition of dietary supplements. Even so, the company said, the drinks could still be sold as conventional beverages because their key ingredients are generally recognized as safe.

Fisher is bringing the Monster labeling class action lawsuit on behalf of consumer who purchased a Monster product for personal use within the past four years. He is alleging claims of false advertising, breach of warranties, unjust enrichment and violations of California’s Unfair Competition Law, Consumer Legal Remedies Act and Magnuson-Moss Warranty Act.

The Monster Energy Drink Class Action Lawsuit case is Fisher v. Monster Beverage Corp. et al., Case No. 12-cv-02188, U.S. District Court for the Central District of California. Fisher is represented by Azra Mehdi of The Mehdi Firm.

UPDATE: On July 8, 2016, the 9th U.S. Circuit Court of Appeals revived part of a false advertising class action lawsuit that alleges the labels on Monster Beverage Corp.’s energy drink products misled consumers into believing the beverage was safe.

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2 thoughts onMonster Energy Labeling Class Action Lawsuit

  1. Top Class Actions says:

    UPDATE: On July 8, 2016, the 9th U.S. Circuit Court of Appeals revived part of a false advertising class action lawsuit that alleges the labels on Monster Beverage Corp.’s energy drink products misled consumers into believing the beverage was safe.

  2. Cheryl Coburn says:

    x6c79

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