Warning labels exist for a reason; they provide information about potentially dangerous products so consumers can make informed decisions about whether to use or consume them.
Marlton, NJ (PRWEB) October 24, 2012
Monster Beverage Corporation’s stock continues to lose value amidst an investigation by the U.S. Food and Drug Administration regarding the company’s popular line of energy drinks. The FDA is looking into reports of five alleged deaths that may have links to the company’s beverages, according to Yahoo! Finance.* The family of one alleged victim, 14-year-old Anais Fournier, filed a lawsuit against Monster Beverage Corp on Friday alleging the business failed to warn consumers about the dangers of its products, according to court documents (Docket# California Superior Court, Riverside County, No. RIC1215551). Fournier allegedly consumed two 24-ounce cans of Monster on back-to-back days in December 2011 before going into cardiac arrest and dying days later, says Yahoo! Finance.* New Jersey personal injury attorney Richard P. Console Jr. sees the potential for difficulties in proving liability.
“In any personal injury lawsuit, proving liability is about establishing a direct relationship between the action and the resulting harm or injuries,” said Console. “With this lawsuit in particular, the plaintiffs are alleging the energy drink consumption directly led to this young girl’s death. Can their attorneys prove that? That’s for the court and probably a jury to decide.”
The lawsuit filed by Fournier’s family alleges that she died from cardiac arrhythmia due to caffeine toxicity, according to court documents. Medical reports also indicate Fournier was living with an underlying health condition, which can weaken blood vessels, states CBS News.** There’s no indication of how that medical issue played into Fournier’s death at this time, though the parents have continually pointed to Monster’s responsibility to warn consumers, according to CBS News.**
While the FDA caps caffeine in soda at 0.02 percent, there is no current limit on the amount of caffeine energy drinks may have.** Before this case, the FDA had previously received reports of four other deaths, as well as one non-fatal heart attack, which may be associated with Monster energy drinks, according to Yahoo! Finance.* Console and his team of New Jersey wrongful death lawyers understand that not all injuries, even loss of life, constitute personal injury claims.
“Warning labels exist for a reason,” said Console. “They provide information about potentially dangerous products so consumers can make informed decisions about whether to use or consume them. Can a teenager make that kind of informed decision? As a parent, I prefer to make those choices for my kids, and I usually ere on the side of caution.”
Monster Beverage Corp is currently the largest seller of energy drinks in the United States by volume with nearly 39 percent U.S. market share, according to Yahoo! Finance.*
Richard P Console Jr. is the managing partner of Console & Hollawell P.C. Since 1994 the law firm’s personal injury attorneys have obtained deserved compensation for more than 5,000 satisfied clients across New Jersey, including those harmed as the result of manufacturer negligence.
Docket# California Superior Court, Riverside County, No. RIC1215551.