City Attorney employs tough consumer protection provision of California law to seek substantiation for health-based claims
SAN FRANCISCO (Nov. 2, 2012) — City Attorney Dennis Herrera is demanding answers from the makers of Monster Energy Drinks to substantiate marketing claims that the large dosages of caffeine contained in the popular beverages are “completely safe” for consumption by adolescents and adults, and that Monster Energy drinkers “can never get too much of a good thing!”
The company has come under heightened scrutiny in recent days following reports last week to the U.S. Food and Drug Administration that the product may be linked to as many as five deaths since 2009. Herrera issued the letter under provisions of California’s Unfair Competition Law that empower city attorneys to demand evidence for purportedly fact-based advertising claims. A similar demand by Herrera to Kellogg Company three years ago was credited with that company’s decision to reverse its prominently marketed health claims during the H1N1 “Swine Flu” scare that Cocoa Krispies and other sugary breakfast cereals “support your child’s immunity.”
Related Documents:
PDF of the Monster Energy Drink letter presskit (Nov. 2, 2012)
- New York Times report: “San Francisco Questions Maker of Energy Drinks About Their Safety” by Barry Meier (Nov. 2, 2012)