Alec Fisher v. Monster Beverage Corporation

MEMORANDUM

Plaintiffs-Appellants Alec Fisher, Matthew Townsend, and Ted Cross (collectively, Plaintiffs) appeal the dismissal of their putative consumer class action regarding the safety of certain energy drinks (Monster Drinks) produced by Defendants-Ap-pellees Monster Beverage Corporation and Monster Energy Company (collectively, Monster). We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part, reverse in part, and remand for further proceedings.

1. We begin with the question of standing. Plaintiffs’ second amended complaint (SAC) makes two types of claims— “on-label” claims and “off-label”- claims. The “off-label” claims allege that Monster engaged in a false and deceptive marketing campaign targeting children and adolescents. The “on-label” claims allege certain specific misrepresentations, including a failure to warn consumers of the caffeine content, on the labels and packaging of the Monster Drinks.

Fisher is the only plaintiff whose allegations can be read as alleging exposure to Monster’s off-label marketing. At the same time, Fisher fails to allege that he relied on any specific misrepresentations , by Monster, instead claiming only that he “had no reason to…