The two senators have written FDA three times over the last year calling on the agency to investigate energy beverages such as Monster, alleging that they have inappropriately high levels of caffeine. They are taking up the reins from Senators Durbin and Blumenthal in saying that these products are targeted toward teenagers,” Prochnow said. “The focus is really more of a false advertising type of case. “If you are bring a case just based just on that it’s going to get tossed out on pre-emption,” he said. “I’m not sure there are really any damages from a civil standpoint for someone labeling it as a supplement but selling it as a beverage.” “To me it almost reads as a little bit of a summary of all of what’s going on with energy drinks and specifically Monster over the last nine months,” he said. The lengthy exposition in the filing makes for “interesting reading,” Prochnow said, but he’s not sure it adds up to a legitimate complaint. “There is general philosophy (in the complaint) that Monster is trying to sell these products as supplements to avoid greater scrutiny,” Prochnow said. In addition, there is a section talking about the dangers of excessive caffeine consumption, and compares the level of caffeine in Monster beverages to soft drinks. There is a lengthy section in the complaint detailing Monster’s advertising and how it is aimed at the young male market segment. The complaint alleges that Fisher consumed an average of two to three cans of Monster per week and believed Monster was not injurious to his health because there were no warnings on the can to that effect. The latest suit, filed in the Central District of California, was filed on behalf of Alex Fisher, a young man who started consuming Monster drinks when he was 16 years old.
“Monster has the wrongful death suit, the EGCG lawsuit and a shareholders' rights lawsuit. Everyone’s piling on now,” Prochnow, a principal in the law firm Greenberg Traurig, told FoodNavigator-USA. “Talk about kicking someone when they’re down. Emulsifiers, stabilizers, hydrocolloids.Chocolate and confectionery ingredients.Carbohydrates and fibers (sugar, starches).Plant-based, alt proteins, precision fermentation.
0 kommentar(er)
