Monster Energy recently launched a lawsuit against VPX Sports for stating that Bang energy drink is falsely advertised as being capable of building lean body and enhancing brain function. According to the Monster Energy lawsuit, the popular super acid compound is actually useless when consumed by consumers, unlike genuine creatine which is typically used in sport drinks to enhance energy and strength. The suit further claims that the company is aware that their products do not contain authentic creatine but have been tricking consumers into believing that it does by using terms like “heroic” and “stimulate”. Such language may be a violation of the US Food and Drug Administration’s definition of a food product as having the necessary dietary ingredient.
If the ingredients in the drinks do not meet the FDA’s definition, then they cannot legally claim any health benefits from consuming them. Such a lawsuit will likely be a long process since the FDA requires that products have proper proof that they are indeed what they say they are. It may take years for the case to reach a point where the defendants are forced to remove the term from their products. This means that the consumer will once again be able to buy the supposedly healthy and super-energized drinks. In the meantime, the defendant will continue to reap the benefits of selling energy drinks containing potentially harmful ingredients.
The lawsuit is just the latest legal battle between the drinks’ manufacturer and VPX Sports, the parent company of the popular Bang Energy Drink. A recent settlement saw VPX Sports pays an undisclosed sum to settle a wrongful death lawsuit brought forth by the family of a user of the energy drinks. The settlement was achieved on the basis that the manufacturer admitted that their products were defective and did not provide the advertised benefits.
The Monster Energy Drink lawsuit is just one of the legal difficulties that the company has faced. There have also been legal battles with Mona v. Monster Energy Drink over the use of the word ‘mono’ in their names. In addition, there was a dispute regarding the use of the term ‘energy drinks’ as a brand name, which the company lost.
The plaintiff’s main issue is that the energy drinks do not contain the ingredients that are necessary to produce an effective product. According to the plaintiffs in the class action lawsuit, these ingredients are not present in the drinks because they are not permitted to use them under the definition of a healthy product. It is believed that the energy drinks actually contain a large amount of toxins, which contribute to numerous health issues including heart problems. Many people have also claimed that the drinks have an effect on the kidneys, leading to kidney failure and other kidney related issues. All of these issues would place the defendants in a position of financial risk, if successful in their lawsuit.
The defendant’s defense in this energy drink lawsuit rests on three main points. According to this argument, the drinks were properly regulated at the time they were produced by a reputable company. This company removed the words ‘mono’ from the energy drinks to comply with the law and did so to follow the FDA policy on regulating food. Furthermore, it is argued that because the ingredients required to make the drinks are allowed by the FDA, no company can be held liable for the injuries sustained as a result of consuming the beverages.