According to media sources, Monster Energy Corp. has announced plans
to re-label its energy drinks as beverages regulated by the Food and Drug
Administration (FDA) as opposed to dietary supplements. The company
reportedly told industry publication Beverage Digest that it will update
product labels to include “Nutritional Facts” rather than “Supplement Facts,” as
well as information about the caffeine content. The change will purportedly
take effect with the introduction of new products and packaging.

“The Company saw no reason to continue being subjected to erroneous and misguided criticism that its Monster Energy drinks are being marketed as dietary substances to avoid FDA regulation,” read a statement that the corporation sent to ABC News. Monster Energy and other energy drink manufacturers have faced increased scrutiny and litigation over claims allegedly linking the products to fatalities in susceptible individuals. Additional details about ongoing investigations by FDA and members of Congress appear in Issues 463 and 467 of this Update. See CBS News, February 14, 2013; ABC News, February 16, 2013.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

Close