Parker Waichman LLP

Monster energy drink deaths show regulation loopholes putting consumers at risk

Five deaths blamed on the popular Monster energy drink show severe lapses in government regulation of consumer product safety. According to a recent New York Times report, the Food and Drug Administration has ramped up its inquiry into the reported deaths of five people after they consumed a Monster energy drink. Meanwhile, the makers of […]

Five deaths blamed on the popular Monster energy drink show severe lapses in government regulation of consumer product safety.

According to a recent New York Times report, the Food and Drug Administration has ramped up its inquiry into the reported deaths of five people after they consumed a Monster energy drink. Meanwhile, the makers of these drinks, Monster Beverage Corp., insist their product is safe and not responsible for the deaths. The company faces legal action from those who believe their drinks have caused deaths and other adverse health complications like a rapid heart rate.

The problem in the case of Monster and other popular energy drinks is that they’re not regulated as a normal consumer food product would be. Instead, energy drinks are considered a dietary supplement because they claim to have all-natural ingredients that are exempt from FDA regulations. And like many other dietary supplements currently on the market, serious questions about the safety of these products certainly exists as more and more people report health problems associated with their use.

And because energy drinks like Monster are not subject to regulations, records on the reported problems associated with them are sparse, especially considering how popular they are. Makers of energy drinks like Monster Beverage Corp. are required to inform the FDA of serious health concerns associated with the use of their product but since 2007, according to the Times report, Monster has submitted just one report, considerably less than the agency already has in its records. That one report issued by Monster Beverage Corp. was of the death of one consumer.

FDA records indicate at least 20 adverse health events that blame Monster energy drinks specifically as the root of the problem. Included in those reports are four deaths.

Energy drinks are sold alongside other popular soft drinks in most retail stores. Monster is sold in tall cans and contains high amounts of caffeine, sometimes as much as seven-times the amount of a regular soda. Energy drink sales have registered in the billions since they flooded the market in the last decade mostly. Particularly troubling is their popularity among younger consumers who are most sensitive to the effects of ingesting too much caffeine.

Sen. Richard Durbin of Illinois, who sponsored the legislation in 2007 that required makers of energy drinks and dietary supplements to report to the FDA any serious adverse event reports associated with their products, says the agency is not doing its job in keeping the public informed of the potential dangers of one of these products. He said the multitude of reports citing problems with Monster energy drinks should have prompted some warning from the FDA to the public. Durbin has urged FDA Commissioner Margaret Hamburg to have the agency take stra

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
I am very pleased with the outcome of the case. I will never be hesitant to recommend your firm.
Marian Hampton
8 years ago
5 Star Reviews 150
Positive: Professionalism , Quality , Responsiveness , Value I would recommend this firm to anyone who has a problem similar to mine. They are very professional and friendly. They keep you updated. The paralegals whom I spoke with were great. They took the time to explain anything I did not understand.
mary alston
3 years ago
5 Star Reviews 150
Parker Waichman LLP helped me with my case. It all started with a visit from Jorge Peniche who was extremely professional, courteous and detailed with my case. All of my questions and concerns were addressed. I was provided with evidence, my emails, phone calls and inquiries were addressed in a timely fashion with great guidance and care. I am very grateful and appreciative as I had never been through this experience. They were great, a special thanks to Jorge Peniche, who was amazing, the lawyer in my case, Denny Tang and the nurse at the firm. Greatly appreciated. Kindly, Kathy
Kathy M
4 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038