Monster Beverage asks California judge to throw out complaint filed against company by San Francisco city attorney's office over company's marketing practices toward children, says complaint preempted by federal law

Nevin Barich

LOS ANGELES , January 31, 2014 (Industry Intelligence Inc.) – Monster Beverage Corp. is asking a California judge to throw out a complaint filed against the company by San Francisco city attorney Dennis Herrera over the company's marketing practices toward children, arguing that Herrera's theories are preempted by federal law, Food Product Design reported Jan. 31.

Herrera's theories should be barred because they fall under the authority of the U.S. Food and Drug Administration (FDA) and/or fail to state a claim under California law.

According to a spokesperson for Herrera's office, Herrera has until Feb. 5 to file a response to Monster's motion to strike the complaint.

The primary source of this article is Food Product Design, Phoenix, Arizona, on Jan. 31, 2014.

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