Monster Beverage Corp. is facing a class action lawsuit in California in the latest blow to the energy drink maker. Filed in Orange County Superior Court, the complaint contends Monster has failed to warn consumers about "a toxic and potentially lethal ingredient": epigallocatechin-3-gallate (ECGC).
Medical literature shows that the substance — found in "Monster Rehab Green Tea + Energy" — has been linked to liver injuries and could cause adverse side effects, plaintiff Jennifer Wooding asserts on behalf of the class.
"Instead of being the safe energy drink that Defendants promised, the subject product causes dangerous hepatotoxic side effects, including without limitation, death, acute liver failure, hepatitis and other liver injuries," the complaint alleges. "Despite knowing that the subject product could result in severe injury and even death in susceptible users, Defendants marketed and sold the subject product to millions of unsuspecting consumers without any warning whatsoever."
The lawsuit alleges violation of the Unfair Competition Law, violations of Consumers Legal Remedies Act, breach of express warranty, breach of implied warranty and unjust enrichment.
It is just the latest development in a series of grim news facing Coroner, Calif.-based Monster. San Francisco's city attorney, Dennis J. Herrera, last week raised concerns over the caffeine levels of Monster Energy drinks, requesting evidence the beverages are safe for consumption.
The FDA is investigating five deaths and one non-fatal heart attack in connection with Monster Energy drinks. Monster also is a defendant in a lawsuit in connection with the death of a 14-year-old girl. Monster has denied any wrongdoing.
"The company monitors consumer communications it receives, is unaware of any fatality anywhere that has been caused by its products, and has never before been the subject of any lawsuit of this nature," recently stated the company, which has sold roughly eight billion cans of Monster Energy drinks over the last decade.
