After the lawsuit was filed, even though Monster had every confidence in the safety of its products, the company retained a group of physicians, including a coroner, to independently ascertain whether there was any basis for the allegations in the suit. The company retained a cardiac pathologist, a cardiac electrophysiologist, an emergency room physician, a chief forensic pathologist/coroner, as well as other medical experts including a toxicologist and a pharmacologist.
"After an examination of Ms. Fournier's medical records, pathology report and autopsy report, the physicians stated conclusively that there is no medical, scientific or factual evidence to support the
"In fact, the physicians, including a coroner, we asked to examine Ms. Fournier's medical records and autopsy report found no medical, scientific or factual evidence to support a finding of caffeine toxicity,"
Finally, the physicians and a coroner examining Ms. Fournier's medical records said they found absolutely no connection between Ms. Fournier's alleged consumption of a Monster Energy drink and her unfortunate passing.
Moreover, recognized medical literature shows that even if Ms. Fournier had consumed caffeine prior to her death, caffeine would not have played any role in her cardiac arrest, according to both the physicians and the coroner who examined her records.
The Fournier lawsuit alleges that Ms. Fournier drank one 24-oz Monster Energy drink at about
Approximately three hours after consuming the second beverage on
"Moreover, evidence obtained in this case indicates that Ms. Fournier drank caffeinated coffee in the morning on a daily basis; her mother often took her to Starbucks; she also regularly drank energy drinks --all without incident,"
"Ms. Fournier was diagnosed with a heart murmur at age 4, and with a vascular form of connective tissue disease at age 6. This disease, Ehlers-Danlos Syndrome, is an inherited condition of the connective tissue of the heart that is characterized by severe arterial complications and ruptures,"
"Ms. Fournier also had multiple heart ailments, including mitral valve prolapse — which was also diagnosed when she was 6 years old — intramural coronary artery thickening and myocardial fibrosis,"
The pathologist retained by the
A cardiac pathologist retained by Monster who looked at the heart also noted evidence of myocarditis that has been associated with arrhythmias and sudden death.
"Our deepest sympathies go out to Ms. Fournier's family,"
"Monster is very sorry for the family's loss, but the facts do not support placing the blame of Ms. Fournier's untimely passing on Monster beverages,"
Approximately 50 billion energy drinks have been sold and safely consumed worldwide for approximately 25 years. This includes more than 8 billion cans of Monster Energy that have been sold and safely consumed over the past 11 years. More than 5 million Monster energy drinks are sold and safely consumed every single day in 90 countries.
"Millions of Monster Energy Drinks are safely consumed every day and there is not one direct link to a single death that we know of that has been proven,"
Caution Concerning Forward-Looking Statements
Certain statements made in this announcement may constitute "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, regarding the expectations of management with respect to our future operating results and other future events including revenues and profitability. Management cautions that these statements are based on management's current knowledge and expectations and are subject to certain risks and uncertainties, many of which are outside of the control of the Company, that could cause actual results and events to differ materially from the statements made herein. Such risks and uncertainties include, but are not limited to, the following: unanticipated litigation concerning the Company's products; the current uncertainty and volatility in the national and global
economy; changes in consumer preferences; changes in demand due to both domestic and international economic conditions; activities and strategies of competitors, including the introduction of new products and competitive pricing and/or marketing of similar products; actual performance of the parties under the new distribution agreements; potential disruptions arising out of the transition of certain territories to new distributors; changes in sales levels by existing distributors; unanticipated costs incurred in connection with the termination of existing distribution agreements or the transition to new distributors; changes in the price and/or availability of raw materials; other supply issues, including the availability of products and/or suitable production facilities; product distribution and placement decisions by retailers; changes in governmental regulation; the imposition of new
and/or increased excise and/or sales or other taxes on our products; criticism of energy drinks and/or the energy drink market generally; the impact of proposals to limit or restrict the sale of energy drinks to minors and/or persons below a specified age and/or restrict the venues and/or the size of containers in which energy drinks can be sold; political, legislative or other governmental actions or events, including the outcome of any state attorney general and/or government or quasi-government agency inquiries, in one or more regions in which we operate. For a more detailed discussion of these and other risks that could affect our operating results, see the Company's reports filed with the
Rodney C. SacksChairman and Chief Executive Officer (951) 739-6200 Hilton H. SchlosbergVice Chairman (951) 739-6200 Media Mike Sitrick/ Tony Knight/ Tammy Taylor Sitrick And Company(310) 788-2850 or (212) 573-6100 Investors Roger S. Pondel/ Evan Pondel/ Judy Lin Sfetcu PondelWilkinson Inc.(310) 279-5980
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