Fisher v. Monster Beverage Corp. et al.

No. 12-cv-02118-VAP-OPx (C.D.Cal)

Plaintiffs Fisher, Townsend and Rucks bring this consumer class action against Monster Beverage Corporation and Monster Energy Company for falsely labeling their Monster Energy® Branded Drinks and failing to warn consumers of the health risks inherent in these drinks, specifically from the caffeine and other active ingredients like guarana, taurine, ginseng etc, that are combined to create Monster’s “proprietary energy blend.” Until recently, Monster labeled these drinks as a “dietary supplement” to avoid complying with federal safety regulations, but has announced that it will be changing the classification of the to Monster Energy® Branded Drinks to a conventional food. Plaintiffs allege that Monster has changed course to avoid having to report adverse effects of its products.

The Amended Complaint attaches internal Monster documents demonstrating that the Company specifically target kids as young as 9-14 years of age. Monster also uses half-naked women and cool slogans, sponsors extreme sports and young athletes in the 13-21 age group as well as music festivals and musicians in its promotions and advertising to entice young people to consume Monster. Monster’s celebrity product sponsors look like they are drinking Monster Energy® drinks, but in fact are consuming water in a Monster Energy® drink look-alike can with Tour Water in small print on it. Monster Energy® cans carry no warning for teenagers and youth even though the company specifically targets people in the 13-21 age group in its promotions, advertising and marketing. Meanwhile, Monster is raking in over $2 Billion annually primarily from sales of the Monster Energy® drinks.

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