Federal judge dismisses Monster Beverage lawsuit against SF 

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  • Patrick T. Fallon/Bloomberg via Getty Images
  • A federal judge has dismissed the energy drink manufacturer's lawsuit against The City.
A federal judge has tossed out a lawsuit filed by Monster Beverage Corp. that sought to block City Attorney Dennis Herrera’s investigation into the company’s marketing practices.

U.S. District Judge Virginia Phillips in Riverside ruled Monday that granting Monster’s request would unfairly hinder a lawsuit that Herrera filed in state court.

San Francisco’s lawsuit accuses the company of misbranding its highly caffeinated drinks and marketing them to children as young as 6 years old.

The suit claims that pediatric studies show the energy drinks “may lead to significant morbidity in adolescents” from elevated blood pressure, brain seizures and severe cardiac events.

“Monster Energy’s federal suit was a meritless ploy to stop our state consumer protection case, and I’m grateful to the court for issuing an unequivocal dismissal,” Herrera said.

Monster filed its lawsuit after the city attorney demanded that the company reduce caffeine levels in its drinks and stop marketing to minors.

The Corona, Calif., company did not immediately respond to a request for comment.

The energy drink industry, which includes Red Bull, 5-Hour Energy and PepsiCo’s Amp, has come under increasing scrutiny over the past few years over possible health risks.

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