January 4, 2013 — Another Monster Energy Drink class action lawsuit has been filed in California. The plaintiff, Alec Fisher, alleges that the beverages are misrepresented as soft drinks, but actually regulated as dietary supplements, which are subject to far less federal oversight regarding safety. Monster is also currently facing another class action lawsuit, a wrongful death lawsuit, and a shareholders lawsuit.
Fisher’s Monster class action lawsuit was filed on December 12 in the U.S. District Court for the Central District of California. According to the complaint, Fisher started drinking two to three cans of Monster Energy Drinks at age 16, and continued drinking the beverage for the next five years. He allegedly believed that the drinks were regulated as soft drinks instead of dietary supplements, which are not subject to safety testing from the U.S. Food and Drug Administration (FDA).
The lawsuit states:
“Monster Energy Drinks, in fact, contain a dangerously high amount of caffeine that have never been subjected to any kind of pre-market review by any regulatory authority prior to them being put in the stream of commerce.”
Another class action lawsuit has been filed against Monster Energy Drink in California, by plaintiff Jennifer Wooding in Orange County Superior Court. The complaint states that some of the beverages have “a toxic and potentially lethal ingredient” called “epicallocatechin-3-gallate” or ECGC, which has been associated with “dangerous hepatotoxic effects, including without limitation, death, acute liver failure, hepatitis and other liver injuries.” The ingredient is included in Monster Rehab Green Tea + Energy.
Many health experts and government officials, including Senators Dick Durbin and Richard Blumenthal, have implored the FDA to take stronger regulatory action against energy drink manufacturers. Many are concerned about the lack of warnings about excessive caffeine consumption, and the fact that most products do not disclose the amount of caffeine in each product.
The FDA has recently disclosed the number of reports of injuries and deaths associated with the products. Monster Energy Drinks have been linked to five deaths and 40 serious illnesses, including one non-fatal heart attack. A lawsuit has been filed on behalf of a 14 year-old girl who died of irregular heart rhythm due to caffeine toxicity combined with an underlying heart condition. People with underlying medical disorders, pregnant women, and children could be more susceptible to adverse effects of energy drinks.
Do I have an Energy Drink Lawsuit?
The Schmidt Firm, PLLC is currently accepting Monster energy drink injury cases in all 50 states. If you or somebody you know was injured, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Product Liability Litigation Group or call us toll-free 24 hours a day at (866) 920-0753.
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