UPDATE (3:43 PM EST Feb. 19): A spokesperson for Monster Beverage contacted iTechPost to clarify that the FDA report on consumer deaths was not what prompted the label change.
Monster Beverage Corp. announced that in accordance with the U.S. Food and Drug Administration (FDA) regulations, it is making changes to its energy drink labels. The beverage labels will now include the total caffeine content and Monster Energy Beverage Corp. will no longer consider its energy drinks as dietary supplements.
Monster Energy is limited by the FDA's caffeine limits under its dietary substance classifications. Caffeine content is regulated by the FDA, limited to 200 parts per million. A 16-ounce can of Monster Energy contains 160mg of caffeine compared to a 12-ounce can of Pepsi that contains 38mg of caffeine. One Monster drink's caffeine content is almost equivalent to the caffeine found in four cans of Pepsi. According to ABC news, the FDA reported that Monster Energy drinks were the possible cause of five deaths.
Monster Beverage Corp.cites the decision was made, "to eliminate the competitive disadvantage that Monster was under in certain states where energy drinks labeled as conventional foods, like Red Bull, are exempt from sales tax and also are eligible for redemption with food stamps while energy drinks labeled as dietary supplements, like Monster, are not."
Energy drink manufacturers consider beverage offerings as dietary supplements or carbonated and non-carbonated traditional drinks. Drinks labeled as dietary supplements are not as scrutinized about the ingredient contents on labels. Traditional drinks are only allowed to include ingredients that are recognizes as safe and have been approved as food additives.
"The Company saw no reason to continue being subjected to erroneous and misguided criticism that its Monster Energy drinks are being marketed as dietary substances to avoid FDA regulation," said Monster Beverage Corp. in a statement to ABCNews.com.
By law, companies are allowed to market their products as either dietary or conventional by choice. The FDA can interfere to protect the public if the product is misrepresented, since different laws apply to each category. "So long as they can meet the rules applicable to each, the companies can position their products in the market how they deem appropriate," said Jalil Isa, an FDA spokeswoman.
Monster Beverage Corp. said the ingredients in its energy drinks will remain the same but gave no indication as to whether the content amounts will be revised.
