Dennis Herrera, San Francisco's city attorney, on Monday sued Monster Beverage Corp., just days after the nations' biggest energy-drink maker sought a ruling in a separate complaint that his attempts to regulate its beverages are preempted by federal law.
Monster faces allegations it has engaged in unfair, deceptive and unlawful business practices in violation of California laws. The lawsuit seeks an injunction against the company plus civil penalties and restitution.
"Although Monster's products pose safety risks, Monster has failed to adequately warn consumers of the dangers of consuming Monster Energy Drinks. Instead, Monster promotes consumption of its drinks in an excessive and unsafe manner," the lawsuit alleges.
Herrera has cited particular concerns over the marketing of energy drinks to adolescents and children. Although Monster says on its labels consumers can safely consume limits of three 16-ounce cans, that amount of caffeine (480 milligrams) is nearly five times the maximum daily limit that is recommended for adolescents and children, according to the lawsuit.
"Monster Energy is unique among energy drink makers for the extent to which it targets children and youth in its marketing, despite the known risks its products pose to young people's health and safety," Herrera said in a statement Monday.
Judy Sfetcu, a spokeswoman for Monster, did not respond Monday to a request for comment.
Just days ago, the company filed a lawsuit against Herrera in federal district court, requesting a declaration that his attempts to regulate energy drinks are preempted by the Federal Food, Drug and Cosmetic Act and violates the U.S. Constitution. More specifically, Monster alleged Herrera's behavior impinged on constitutionally protected speech and violates a section of the constitution that concerns the federal government's authority to regulate interstate commerce.
FDA is investigating the safety of energy drinks, and the agency recently revealed it is looking into the impact of caffeine in foods on adolescents and children. An increasing number of foods, including gum, jelly beans and marshmallows, are adding a substance that is normally associated with coffee: caffeine.
"Our concern is about caffeine appearing in a range of new products, including ones that may be attractive and readily available to children and adolescents, without careful consideration of their cumulative impact," Michael Taylor, FDA's Deputy Commissioner for Foods and Veterinary Medicine, wrote in a consumer update Friday.
Monster has faced increasing scrutiny since The New York Times reported in October 2012 that FDA has received reports of five deaths linked to its energy drinks. FDA officials have underscored the "adverse event reports" don't prove the company was responsible for the fatalities. Because its energy drinks were regulated at the time as "dietary supplements," Monster was required by law to report the incidents. In February, the company disclosed plans to submit itself to conventional food regulations.
At least one of the reported deaths has led to a lawsuit filed on behalf of a 14-year-old girl. The parents of Anais Fournier have sued Monster for wrongful death after their daughter consumed two of its drinks within a 24-hour period. Monster has blamed her death on a preexisting heart condition, citing medical records showing a history of heart problems dating back to when the girl was just six-years-old.
