U.S. International Trade Commission Starts Investigation on Energy Drinks
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The U.S. International Trade Commission (USITC) has opened an investigation into certain energy drinks. This investigation began after Monster Energy Company from Corona, California filed a complaint. The complaint was filed on April 17, 2026. A supplemental complaint was submitted on May 21, 2026.
Monster Energy says there are violations of section 337 of the Tariff Act of 1930. The complaint is about energy drinks and their labeling and packaging that are being imported into the United States. These drinks allegedly infringe on Monster Energy’s trademarks. The trademarks involved are: U.S. Trademark Registration No. 6,760,278; U.S. Trademark Registration No. 6,451,182; U.S. Trademark Registration No. 2,903,214; and U.S. Trademark Registration No. 3,434,821.
The USITC is checking if these products were sold for importation or sold in the U.S. after importation. They also want to know if there is an industry in the U.S. that is affected by these imports. Monster Energy wants the Commission to issue orders to stop the products from being imported and sold.
The Commission decided on June 1, 2026, to start the investigation. They want to find out if the energy drinks are imported illegally due to trademark infringement. The investigation will look at drinks made for sale outside the United States but sold here with trademarks owned by Monster Energy.
The complaint named several companies as respondents. These companies might be breaking the law by importing and selling the drinks. Some of these companies are Gig Wholesale Corp., The Elegant Inc., and Hamilton Trading Corp., among others.
The Office of Unfair Import Investigations will be involved. They are part of the USITC.
The companies named in the complaint must respond. They have 20 days to reply to the Commission’s notice. If they do not reply, they might lose their chance to argue against the complaint.
The Commission might issue exclusion or cease and desist orders if they find the companies violated the law. This investigation is important for ensuring fair trade practices in the U.S. market. It aims to protect industries in the U.S. from unfair competition.
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