Monster Again Looks To Crush Energy Drink Labeling Suit

Law360, New York (September 3, 2013, 1:20 PM EDT) -- Monster Beverage Corp. on Friday asked a California federal judge for the second time to dismiss a proposed class action accusing the company of labeling its energy drinks as supplements in order to escape federal safety regulations for beverages.

U.S. District Judge Virginia Phillips dismissed Alec Fisher's lawsuit in July, finding he had insufficiently pled his allegations and that some were preempted by federal law. Judge Phillips allowed Fisher to amend the complaint, but Monster says Fisher didn't fix what the judge told him to in...
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