Tag: energy drinks
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Securities Class Action Filed Against Monster Beverage
Contending that Monster Beverage Corp. either misled or failed to disclose that it was improperly advertising, marketing and promoting its Monster Energy® drinks and thus filed materially false and misleading financial statements, a putative securities class action has been filed against the company in a federal court in California. Rausch v. Monster Beverage Corp., No.…
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FDA Responds to Senator’s Concerns About “Energy Drinks”
The Food and Drug Administration (FDA) has responded to Senator Dick Durbin’s (D-Ill.) letter requesting that the agency take regulatory action “to address the rising health concerns around energy drinks” purportedly containing high levels of caffeine and other ingredients such as taurine, guarana and ginseng. Among other matters, in its August 10, 2012, letter, FDA…
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State AG Seeks Information from Energy Beverage Co.
According to the quarterly Securities and Exchange filing of Monster Beverage Corp., an unnamed state attorney general (AG) subpoenaed company records in July 2012 regarding its energy beverages. The subpoena apparently concerns “the Company’s advertising, marketing, promotion, ingredients, usage and sale of its Monster Energy® brand of energy drinks.” The company further notes, “As the…
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Indian Food Safety Authority to Regulate Energy Drinks
After two years of deliberation, the Food Safety and Standards Authority of India (FSSAI) has reportedly agreed to issue draft regulations that would require energy drink manufacturers to rebrand their products as “caffeinated beverages.” Based on the findings of an expert panel convened to study caffeine and energy drink consumption in India, the draft regulations…
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Illinois Lawmaker Calls on FDA to Address Caffeine Levels in Energy Drinks
U.S. Senator Dick Durbin (D-Ill.) has urged the Food and Drug Administration (FDA) to “take regulatory action to address the rising health concerns around energy drinks” in an April 3, 2012, letter to FDA Commissioner Margaret Hamburg. Durbin’s action follows the December 2011 death of a 14-year-old girl that the lawmaker attributed to “caffeine toxicity…
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Indian State Seizes Red Bull®, Caffeine Content Above Legal Limits
The Maharashtra Food and Drug Administration (MFDA) has reportedly seized more than 1 million cans of Red Bull®, an energy drink containing 250-300 parts per million (ppm) of caffeine, on the ground that the product exceeds the 145 ppm limit for carbonated beverages. according to a press report, no separate standards for caffeine in energy…
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Class Certification Denied in Energy Beverage Litigation
A federal court in California has denied a motion for class certification filed by a plaintiff who alleged that Vital Pharmaceuticals, Inc. misled consumers by claiming their energy drinks, marketed under the brand name Redline®, were safe and effective for enhancing energy and promoting weight loss. Aaronson v. Vital Pharms., Inc., No. 09-1333 (S.D. Cal., decided…
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Beverage Producer Claims Recycler Sold Rather Than Destroyed Substandard Products
Spike, LLC, a company that makes and distributes energy drinks, has filed a lawsuit against the company it hired to destroy 18 pallets of products that Spike determined should be removed from the marketplace as unfit for sale, claiming that the recycling company failed to destroy the products and, in fact, sold them “thereby undercutting…