CBS/AP/ October 22, 2012, 4:10 PM

Monster Energy Drink maker sued for 14-year-old's death

The parents of a 14-year-old Maryland girl who died in December are suing the maker of Monster Energy Drink, claiming caffeine in the product contributed to her death.

The complaint was filed Friday, Oct. 19, in California Superior Court in Riverside. It says Anais Fournier of Hagerstown, Md., went into cardiac arrest after drinking two, 24-ounce Monster Beverage Corp. drinks within a 24-hour period.

The Food and Drug Administration said Monday it's investigating reports of five deaths and a non-fatal heart attack linked to highly caffeinated Monster Energy Drinks. The agency acknowledged the adverse reports, but FDA spokeswoman Shelly Burgess says they don't prove that the drinks caused the deaths.

Monster is based in Corona, Calif.

An autopsy found that Fournier died of cardiac arrhythmia due to caffeine toxicity that impeded her heart's ability to pump blood.

She suffered from an inherited disorder that can weaken blood vessels.

A cardiac arrhythmia is a problem with the rate or rhythm of a heartbeat, such as beating too fast or too slow. Most are harmless according to the National Heart Lung and Blood Institute, however, some can be life-threatening because the heart may not be able to pump enough blood to the body.

Monster says it doesn't believe its beverages are responsible for Fournier's death. The company says it's not aware of any fatalities caused by its drinks. Monster says it will vigorously fight the lawsuit.

Burgess told The New York Times the FDA was still reviewing cases tied to adverse events and had yet to establish cause-and-effect between energy drinks and the deaths.

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According to Bloomberg, there were 37 adverse reaction reports in total that were submitted to the FDA that mentioned Monster drinks since 2004.

"FDA continues to evaluate the emerging science on a variety of ingredients, including caffeine," Burgess told Bloomberg, adding the agency is working on draft guidelines to ensure energy drink safety.

In May, 2011, researchers from the American Academy of Pediatrics (AAP) said energy drinks "are never appropriate for children and adolescents," saying caffeine in children has been linked to harmful effects on the developing neurologic and cardiovascular systems.

© 2012 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
31 Comments Add a Comment
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DaniellePeace769 says:
Im am 12 turning 13 and, Every time i got to the mall i have 5 monsters and thts every friday my parents arent there to watch wat i drink dont u think i should be died the parent r greedy mother ******* monster did nothing to there daughter and, one more than watch ur ****** daughter then and she might not be died
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Theynine says:
Two monster drinks kill a 14 year old??? Absolutely a pre-existing condition, and therefor this poor kid should not have been drinking Monster drinks! Drinking six cups of coffee an hour isnt good for you either, perhaps we should ban coffee as well. It's all about substance abuse, too much of anything is not always a good thing. And some people just cant handle caffeine, thats why they make de-caf! I drink a can of ROCKSTAR RECOVERY or MONSTER REHAB on a daily basis. Good stuff, and much tastier than that foul REDBULL, argh!. Prohibit sales to minors or something, go for it. I'm an adult, leave me and my energy drinks alone.
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Inumisha says:
I was 14 when I had 3 Monster XXL's, 2 BFC's and 5 standard monsters within a two hour period and was only slightly jittery, so unless this girl had heart problems, she did not die because of the energy drink. The parents are just greedy and figured since maybe her daughter liked the drink they could blame it on them to try to get some money out of it.

And everyone knows that Monsters are no healthy or good for you it says so on the can AND thus the parents (if at all concerned about her well being) should have kept her from drinking in the first place. This is where paying attention to the back of the cans actually helps.
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leiael79 says:
If your kid get a hold of a vodka bottle and drink him/her self to death..do you go ahead and sue Vodka? I have designed some of these energy dinks, and we have strict rules about what information must be printed on the cans. as far as I know it does inform that it is not suitable for kids, elders, people with heart conditions, or pregnant people. It does also inform about the maximum consuption during one day. etc etc.. I really dont think Monster should be sued in this case? my thoughts goes out to the family.
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medic2012 says:
These energy drinks should definitely be regulated. These are teenagers who are getting sick or dying. I know, you say it is the parent's responsibility, and yes the parents should talk to the kids about the dangers involved, just as they should discuss the dangers of drugs and alcohol. The thing is this, these drinks have a higher concentration of caffeine than sodas. And yes they are closer to the amount in some Starbuck's coffee drinks. But think on this. People usually only drink ONE Starbuck's a day...they are full of calories, fat and freakin expensive. However, some people drink MULTIPLE sodas a day. Caffeine IS A DRUG, if it is unsafe for kids to drink these energy drinks, it should not be sold with sodas. Parents cannot be with their TEENAGERS all the time. These kids are not toddlers!!! They can walk to the corner store and buy these drinks themselves because they are not regulated! They should be! Just like Cigarettes and Alcohol. Kids are not mature enough to make responsible decisions all the time. These drinks are giving them a legal buzz which is why they are drinking them, and SNEAKING them BEHIND THEIR PARENTS BACKS!!!!
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separk21 replies:
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Just like kids do NOT go behind their parents backs and buy alcohol and cigarettes? I am sorry but you being plain idiotic with your statement...kids will get it if they want it. I have been drinking Red Bull since I was in HS(14 as a freshman) and look im still alive and making good decisions! To tell you the truth I know a lot of friends who quit smoking b/c they started drinking some brand of energy drink and it helped them with their craving. I have epilepsy(diagnoised dec my freshamn yr), and my doctor informed me about my caffeine intake, so you know, me being the smart kid I was, cut back on the amount I drank and eventually switched over to coffee instead of a Red Bull on a daily basis. You need to rethink your statement bo-zo
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sparkdog23 says:
1. According to the lawsuit, the girl consumed one 24 oz Monster Engery Drink one evening and the second energy drink approximatly 24 hours later. Unless she had some inborn metabolism defects, the caffeine from the first drink would essentially be metabolized and eliminated by that time. So, despite the lawsuit claiming she had two drinks in a 24 hour period, medically speaking, the first drink would have very little impact on her death (provided that she has a mostly normal caffeine metabolism). And, even if she did have a metabolic problem, I really cannot see how Monster could be liable for it.

2. There is little to no evidence that caffiene causes leathal cardiac arrythmias.
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marie_hatfield says:
I hope you all don't mind me saying this but my son had drunk an energy drink and his heart had started beating really fast and hard it felt like it was going to beat out of his chest i had took him to the emergency room i thought something was wrong with his heart they ran all kinds of test and they couldn't find anything wrong come to find out it was the energy drinks he was sneaking and buying was what they said caused it i hadn't even knowed he was drinking them until the doctor had scared him into telling so to be honest i don't think the store should be able to sell them to anyone under the age of 18
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Justinlowry replies:
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Similiar story that happened to me when I was 14 (6yrs ago) all I drunk all day long was caffine and I felt my heart skip then it started rushing just like what you are saying I then went to the doctor for it and they couldnt find anything wrong with me
I didnt inform them that I drunk caffine
I am a lot healthier today at 20 years old :]
mtberruss replies:
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If you want to put a ban on enrgey drinks or make the age limit 18 to buy then you hae to do that with all caffinated drinks. The problem with energy drinks is the caffine in them. Nobody thinks about it when it comes to coffee, but people the drink alot of coffee are at the same risks.
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hausky8611 says:
dumbest lawsuit ever. What killed her...her heart condition. It would literally take thousands of mg of caffeine to be toxic to the body. Type in death by caffeine into google and you can find a site that can tell you how much of your fav energy drink could kill you based on your weight. 480mg of caffeine which she consumed would do nothing but maybe give her jitters. Another sad frivolous lawsuit by greedy irresponsible parents.
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WolfProtector009 says:
Another sue-happy soccer mom trying to take away what we love. The dumb idiot was not doing her job as a parent.
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angelofurnightmare says:
If you let your kids do potentially dangerous things then you are responsible when they get hurt. It's not the companies fault that the parents let her drink these things. My children are not allowed to drink them and their friends aren't allowed to when they are with me...that's being a responsible parent! This rests on her parents who are trying to put their own guilt on someone else
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