San Francisco City Attorney Dennis Herrera said Monday that he has sued Monster Beverage Corp. (MNST) for violating California law with its marketing of highly-caffeinated energy drinks to children as young as six-years-old, 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 Monday morning comes just one week after Monster pre-emptively sued Herrera in an extraordinary legal attempt to halt his office's months-long investigation into the marketing and sales practices of the nation's largest energy drink manufacturer.
Herrera said its office had been working with Monster in good faith to negotiate voluntary changes to its youth-targeted marketing practices when the Corona, California-based energy drink manufacturer abruptly sued the City Attorney in federal court on April 29. Herrera, who has characterized Monster's litigation strategy as "forum shopping" and a bid to win the race to the courthouse, has vowed to not back down.
According to Herrera, the FDA has received numerous adverse event reports allegedly related to consumption of Monster Energy drinks, including five deaths and multiple reported instances of illness, injury and hospitalizations. The alleged wrongful death of a 14-year-old Maryland girl from cardiac arrhythmia due to caffeine toxicity after drinking two 24-ounce servings of Monster Energy is the subject of high-profile private litigation currently pending against the company.
Other actionable marketing tactics detailed in Herrera's complaint include the company's "Monster Energy Drink Player of the Game" series, which photographs high school athletes holding twin four-packs—eight 16-ounce cans, containing 128 ounces of highly-caffeinated Monster products. At 10 mg of caffeine per ounce, the photos feature high school athletes, including minors, displaying more than 12-times the generally recommended daily maximum of caffeine for adolescents.
Herrera's complaint alleges that Monster Beverage'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.
For comments and feedback contact: editorial@rttnews.com
Business News
April 24, 2026 15:15 ET Economics news flow was relatively light this week even as the conflict in the Middle East continued, raising concerns for policymakers. In the U.S., spending data, initial jobless claims and pending home sales were the highlights. Business confidence in the biggest euro area economy was in focus in Europe. Inflation data from Japan gained attention in Asia.