A federal judge has transferred a Monster Energy Drink Lawsuit that was removed to federal court back to the state court where the complaint was originally filed.
Free Monster Energy Class Action Lawsuit Evaluation: If you were injured after consuming an energy drink, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.
What’s the problem?
January 11, 2016 – The complaint was originally filed in Riverside County Superior Court by plaintiff Richard Marsh. He claims he was left with permanent heart damage after consuming 4 Monster energy drinks per day over an 18 month period.
Marsh alleges that he wouldn’t have been injured if Monster Beverage Corp. had disclosed the amount of caffeine the product contained on its labeling. Monster counters that since the U.S. Food & Drug Administration (FDA) classifies energy drinks as dietary supplements, it is not legally obligated to do so.
Dietary supplement manufacturers are currently only required to list ingredients – not amounts – on product labels. The companies may include amounts if they wish; however, it’s strictly voluntary. Various pundits and health advocates are attempting to have these laws changed.
While energy drink manufacturers acknowledge that caffeine levels in their products are higher than those found in soft drinks (whose amounts are strictly regulated), they defend the caffeine content as roughly equivalent to that found in a cup of coffee.
However, whereas coffee is served hot and meant to be sipped, energy drinks are often drunk rapidly or guzzled. Additionally, unregulated herbal and natural ingredients contained in some energy drinks can mimic the effects of caffeine. When ingested along with actual caffeine, the combination can have a catastrophic effect on the consumer.
Undaunted, Monster Beverage Corp. removed the Marsh complaint to federal court last October, less than 2 weeks after it was filed in state court, before moving in December to have the lawsuit thrown out on grounds that Marsh’s claim for breach of implied warranty was preempted by the federal Food, Drug and Cosmetic Act.
Chief U.S. District Judge George H. King wasn’t buying it, and remanded the case back to state court. The case is: Michael Richard Marsh v. Monster Beverage Corporation et al., Case number 5:15-cv-02205, in U.S. District Court for the Central District of California.
Do I Have a Monster Energy Drink Class Action Lawsuit?
The Product Liability Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in energy drink lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.
Free Confidential Case Evaluation: Again, if you or a loved one was injured by the side effects of an energy drink, you should contact our law firm immediately. You may be entitled to compensation by filing a class action suit and our lawyers can help.