Monster Beverage Suit Dismissed; FDA Has Primary Jurisdiction

Monster Beverage Corp. won dismissal of a proposed class suit over its Monster energy drinks as the U.S. District Court for the Central District of California Nov. 11 said the Food and Drug Administration has primary jurisdiction over the questions raised by the litigation (Fisher v. Monster Beverage Corp., C.D. Cal., No. 12-2188).

Additionally, the court said federal food labeling law preempts claims challenging a failure to disclose the caffeine content, or failure to disclose the risks of caffeine, on the labels of Monster Energy and Monster Rehab products.

The court dismissed the proposed class suit against Monster ...