Faced with a drumbeat of negative publicity relating to revelations that the FDA has reports of five deaths associated in some way with the consumption of Monster Energy since 2009, the company has issued a statement denying its products played a role in the death of 14 year-old Anais Fournier last December.
Ms. Fournier — who had a preexisting condition — died from cardiac problems following the consumption of two 24 oz. Monster Energy drinks in a 24-hour period. Ms. Fournier’s mother has sued the company, and as part of that lawsuit filed a freedom of information act (FOIA) request from the FDA’s “adverse incident reports” database.
The company states that while it is saddened by Ms. Fournier’s death, Monster “does not believe that its products are in any way responsible.”
The complete statement is below:
Company Responds to Recent Inquiries and Media Reports
CORONA, Calif., Oct. 23, 2012 (GLOBE NEWSWIRE) — Monster Beverage Corporation (Nasdaq:MNST) (“Monster”) today issued the following statement in response to inquiries it has received and numerous recent media reports in connection with a lawsuit that has been filed against the company by the family of 14-year old Anais Fournier, who died last December.
Monster is saddened by the untimely passing of Anais Fournier, and its sympathies go out to her family. Monster does not believe that its products are in any way responsible for the death of Ms. Fournier and intends to vigorously defend the lawsuit. The company wishes to point out that:
- Tens of billions of energy drinks have been sold and safely consumed worldwide for approximately 25 years, including more than 8 billion cans of Monster Energy® that have been sold and safely consumed in the United States and around the world since 2002. The company monitors consumer communications it receives, is unaware of any fatality anywhere that has been caused by its products, and has never before been the subject of any lawsuit of this nature.
- Monster Energy® drinks generally contain approximately 10 milligrams of caffeine from all sources per ounce. By comparison, the leading brands of coffee house brewed coffee contain on average more than 20 milligrams of caffeine per ounce. An entire 24-ounce can of Monster Energy® contains about 240 milligrams of caffeine from all sources, which is around 30 percent less than the average caffeine contained in a medium-sized, 16-ounce cup of coffee house brewed coffee.
- Monster Energy® drinks, including their ingredients and labeling, are in full compliance with all laws and regulations in each of the more than 70 countries in which they are sold.
- The U.S. Food and Drug Administration (“FDA”) has stated that adverse event reports about a product do not mean that the reported event is caused by the product. The FDA has made it clear that it has not established any causal link between Monster Energy® drinks and the reports it has received.
Neither the science nor the facts support the allegations that have been made. Monster reiterates that its products are and have always been safe.
Monster Beverage Corporation
Based in Corona, California, Monster Beverage Corporation is a marketer and distributor of energy drinks and alternative beverages. The Company markets and distributes Monster Energy® brand energy drinks, Monster Energy Extra Strength Nitrous Technology® brand energy drinks, Java Monster® brand non-carbonated coffee + energy drinks, X-Presso Monster® brand non-carbonated espresso energy drinks, M3® Monster Energy® Super Concentrate energy drinks, Monster Rehab® non-carbonated rehydration energy drinks, Ubermonster™ energy drinks, Worx Energy® shots, and Peace Tea® iced teas, as well as Hansen’s® natural sodas, apple juice and juice blends, multi-vitamin juices, Junior Juice® beverages, Blue Sky® beverages, Hubert’s® Lemonades, Vidration® vitamin enhanced waters, and PRE® Probiotic drinks. For more information, visit www.monsterbevcorp.com.
Caution Concerning Forward-Looking Statements
Certain statements made in this announcement may constitute “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, regarding the expectations of management with respect to our future operating results and other future events including revenues and profitability. Management cautions that these statements are based on management’s current knowledge and expectations and are subject to certain risks and uncertainties, many of which are outside of the control of the Company, that could cause actual results and events to differ materially from the statements made herein. Such risks and uncertainties include, but are not limited to, the following: unanticipated litigation concerning the Company’s products; the current uncertainty and volatility in the national and global economy; changes in consumer preferences; changes in demand due to both domestic and international economic conditions; activities and strategies of competitors, including the introduction of new products and competitive pricing and/or marketing of similar products; actual performance of the parties under the new distribution agreements; potential disruptions arising out of the transition of certain territories to new distributors; changes in sales levels by existing distributors; unanticipated costs incurred in connection with the termination of existing distribution agreements or the transition to new distributors; changes in the price and/or availability of raw materials; other supply issues, including the availability of products and/or suitable production facilities; product distribution and placement decisions by retailers; changes in governmental regulation; the imposition of new and/or increased excise and/or sales or other taxes on our products; criticism of energy drinks and/or the energy drink market generally; the impact of proposals to limit or restrict the sale of energy drinks to minors and/or persons below a specified age and/or restrict the venues and/or the size of containers in which energy drinks can be sold; political, legislative or other governmental actions or events, including the outcome of any state attorney general and/or government or quasi-government agency inquiries, in one or more regions in which we operate. For a more detailed discussion of these and other risks that could affect our operating results, see the Company’s reports filed with the Securities and Exchange Commission. The Company’s actual results could differ materially from those contained in the forward-looking statements. The Company assumes no obligation to update any forward-looking statements, whether as a result of new information, future events or otherwise.