Caffeine based energy drinks are facing increased scrutiny in New Jersey and elsewhere after recent reports that at least five deaths have been linked to consumption a product known as Monster Energy. Reports of the deaths, which were traced back to 2009, were revealed after a Freedom of Information request was made to the Food and Drug Administration (FDA). The fact that the deaths were not previously publicized underscores the questionable FDA practice that apparently permitted this possibly defective product to be subject to different reporting requirements because they are classified as dietary supplements.
FDA reporting requirements since 2007 have mandated that companies which make dietary supplements notify the FDA of deaths or injuries potentially related to their products. Monster Beverage Corporation makes Monster Energy, the drink that has recently come under fire for its caffeine levels. The company has submitted just one notification to the FDA in the previous four years, involving a teenager whose death after consuming the arguably defective product was widely covered in the news media.
The FDA now says that it has separately received 20 other incident reports about Monster Energy in that time period. Those reports came from medical professionals and consumers, as well as other sources. Among the 20 incidents, four other deaths were reported, along with other cases of injuries serious enough to be considered life threatening.
In the wake of these disclosures, public debate has centered on the arguably defective product as well as on the apparent failure of the FDA to properly investigate and report on these issues. For its part, the FDA says it is now aggressively investigating the death reports noted. Monster Beverage Corporation insists that its products are safe, and it is currently defending a lawsuit brought by the mother of the Maryland teenager whose case has received so much media attention. While it remains to be seen what the result of that legal claim will be, New Jersey consumers would do well to be mindful of the issues and seek assistance if they believe they or a loved one has suffered injury after consuming the product.
Source: The New York Times, “Energy Drink Disclosures Expose Gaps in Safety Policy,” Barry Meier, Oct. 26, 2012
