Monster Energy Drinks Under Regulatory Probe

CORONA, Calif.Monster Beverage Corp.s Monster Energy® brand of energy drinks is the target of an unnamed state attorney general inquiry, according an affidavit the company filed with the Securities and Exchange Commission on Aug. 9.

According to the document, in July 2012, the company received a subpoena from a state attorney general in connection with an investigation concerning the companys advertising, marketing, promotion, ingredients, usage and sale of its Monster Energy® brand of energy drinks.

In April, Sen. Dick Durbin (D.-Ill.) asked the U.S. Food and Drug Administration (FDA) to investigate energy drinks and clarify the definition of conventional food and beverages verses supplements. He also asked FDA to enforce its regulatory authority over the caffeine levels in energy drinks marketed as supplements.

His request was made in response the death of a 14-year-old Maryland girl who had a heart attack as a result of caffeine toxicity after consuming two energy drinks. In his letter to FDA Commissioner Margaret Hamburg, Durbin specifically named Monster Energy, Red Bull, Rockstar, Full Throttle and AMP in his call for investigation.

He urged FDA to address the safety concerns posed by additives in energy drinks by requiring manufacturers to provide scientific evidence that ingredients, such as guarana, taurine, yerba mate, kola nut and ginseng, are safe for their intended used and when used in combination with other ingredients and caffeine.