Last week, the FDA posted a report on their website about deaths that may have been associated with various energy drinks, including Monster Energy, Rockstar Energy and Five Hour Energy. The drinks combine high doses of sugar and caffeine to offer consumers a quick pick-me-up boost of energy when needed. According to the FDA report, they may also kill or injure some of those who partake of them.
Monster Energy Already Being Sued
One of the drink manufacturers, Monster Energy of California, is already under fire after allegations arose that their product was partially responsible for the death of 14-year-old Anais Fournier from Hagerstown, Maryland. Her parents filed suit in California Superior Court alleging that the drink manufacturer knowingly distributed a product that could be harmful to their daughter’s health. It should be noted that Anais did suffer from an unusual heart condition, which may affect the outcome of the case.
While Monster Energy and the other drink makers have not admitted to fault and maintain that their products are safe for all ages to use, the American Academy of Pediatrics did issue a warning in 2011 saying that the products should not be used by children. The FDA has not yet imposed any additional restrictions on the products though they have said they are looking into the matter.
Case law on the subject of energy drinks is still in its infancy because these products are relatively new. However, if you believe you may have been injured by one of these products, it is worthwhile to contact a personal injury attorney to discuss your rights and options in pursuing legal action.