Law News for You ENERGY DRINKS & the E.R. | Page 7

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Teen's family sues Monster Beverage alleging daughter's wrongful death

LAS: Won’t the move to beverage supplements spell stricter regulations by the FDA and consequently be safer for the public? Isn’t Monster doing a good thing?

KG: In some ways yes, and in some ways no. Monster will now have to disclose the amount of the ingredients in its product on the label, but Monster no longer has to report adverse events to the FDA. I believe that Monster’s reclassification was done purely for its own economic gain, and they did not make the change to enhance public safety about energy drinks. It seems that the reclassification was done in the immediate aftermath of public scrutiny Monster Beverage Corporation received due to a high number of adverse event reports.

(Interview continues on next page)

A study published by Pediatrics in February 2012 reported that children and teens who consume Monster and other energy drinks are at a heightened risk for: • Caffeine toxicity or poisoning • Dehydration • Heart palpitations • Cardiac arrest • High blood pressure • Death

The situation with Monster is a perfect example of the current problem. In the aftermath of the recent press coverage of the numerous adverse event reports related to energy drinks (including five adverse event reports of deaths after consuming Monster Energy Drink), Monster decided to reclassify itself as a traditional food/beverage. As such, they will no longer have to report all known adverse events to the FDA. This is not good for the public. I suppose the good news for consumers is that as a traditional food/beverage the public will finally find out exactly how much caffeine is in each can of Monster from all sources (including guarana). But in truth, just as the regulatory teeth of the Dietary Supplement Act were working and the public was becoming aware of the numerous adverse events potentially associated with Monster, the company has now reclassified itself, making it so that the company no longer has to report adverse events to the FDA.

Attorney Kevin Goldberg is representing the family of Anais Fournier in their wrongful death lawsuit against Monster Beverage