This is despite scientific findings that such products may cause ‘significant morbidity in adolescents’ from elevated blood pressure, brain seizures and severe cardiac events.
The lawsuit filed in San Francisco Superior Court comes just a week after Monster preemptively sued Herrera in a legal attempt to halt his office’s months-long investigation into the marketing and sales practices of the energy drink manufacturer.
Herrera’s office had been working with Monster in good faith to negotiate voluntary changes to its youth-targeted marketing practices when the California-based energy drink manufacturer abruptly sued the City Attorney in federal court on 29 April.
Herrera, who has characterised Monster’s litigation strategy as ‘forum shopping’ and a bid to win the race to the courthouse, has vowed to not back down.
Herrera’s complaint alleges that Monster Beverage Corporation’s business and marketing practices violate California’s Unfair Competition Law and Sherman Food, Drug and Cosmetic Law.
If San Francisco’s lawsuit is successful, Monster Energy could be enjoined from continuing illegal conduct deemed harmful to consumers and competitors, and forced to pay significant civil penalties and restitution as a result of its unfair business practices.
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