LAS: So the public wouldn’t have known about the five deaths? The FDA Adverse Event reports would not have been made public otherwise?
KG: Dietary Supplement companies are required to report adverse events to the FDA but, as far as I can tell, these numerous adverse event reports were just sitting in the FDA’s database and nobody was doing anything about them or showing any concern about the public health dangers of energy drink consumption by our youth. The only reason that the media became aware of these reports was because Anais Fournier’s mother (and those attorneys representing the victims) requested information via the Freedom of Information Act, and worked closely with the American Association for Justice to disseminate the information to the public.
While FDA adverse event reports are not proof of a scientific link between the energy drink and the death, we felt that the public deserved to know about the number of possible associations between energy drink consumption and injuries. We were shocked that the FDA was not getting this information out to the public, so we took the bull by the horns and did what we could to get the word out.
Initially, the FDA just sent us a chart showing adverse events, including the reported deaths that may be linked to Monster drinks and all other energy drinks.
We then sent a much more detailed FOIA request to the FDA asking for complete adverse event report files - about six months ago. I received several hundred pages of documents, including redacted autopsy reports and medical records from the other deaths.
LAS: Based on the work you have done on Energy Drinks, do you think that the incidents actually reported to the FDA as adverse events are the only incidents of injuries from teens and young adults consuming energy drinks?
KG: Absolutely not. The problem is that energy drinks can be lethal for anyone with an underlying heart condition, and the energy drink cans do not provide people with an adequate warning. I believe that there are hundreds - if not thousands - of individuals who suffer injuries as a result of energy drink consumption but it is not officially reported. Many times when someone suffers a heart attack or cardiac arrest nobody bothers to ask the person if they consumed energy drinks within close proximity to the heart attack. Therefore, the problem of energy drink-related deaths is likely under-reported in my opinion. The FDA website even acknowledges that “Even with mandatory reporting of adverse events for dietary supplements, generally only a small fraction of adverse events associated with any product is reported.”
LAS: Have other lawsuits been filed against Monster Energy Drinks besides the claim by The San Francisco City Attorney regarding business practices violations, including promoting caffeinated beverages to youth?
KG: Yes. And I have also spoken to the families of many individuals who believe that they were seriously injured as a result of energy drink consumption. Unfortunately, the Statute of Limitations ran out for one family that I spoke to who lost their child. It is very important that, if you believe that a loved one suffered an injury or death as a result of consuming an energy drink, you consult with a lawyer as soon as possible. The law imposes a strict deadline called the statute of limitations on bringing energy drink lawsuit claims. The statute of limitations can vary from state to state and from case to case depending on the facts of any particular case.