Preemption No Savior For Monster In Energy Drink Fight

Law360, New York (May 8, 2013, 8:52 PM EDT) -- Monster Beverage Corp. may find it tough to persuade a California federal judge that the city of San Francisco's attempts to restrict the marketing of the company's caffeinated energy drinks are preempted by federal law, attorneys say, as the state's courts have recently allowed more state-law claims targeting advertising for food and beverages to move forward.

Monster and San Francisco City Attorney Dennis Herrera have hit each other with complaints in California federal and state court, respectively, over the past two weeks. Monster and Herrera have clashed over the safety of energy drinks since October, shortly before the U.S. Food and...

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