Monster has failed in its bid to stop futher scrutiny by San Franciscos city attorney

Monster has failed in its bid to stop futher scrutiny by San Francisco's city attorney

A bid by Monster Beverage to stop possible legal action by San Francisco's city attorney over the company's marketing practices has failed.

The energy drinks producer launched a pre-emptive lawsuit against Dennis Herrera, the city attorney, in late April after he began a probe in 2012. Herrera followed this in May with a state court action alleging that Monster is “violating” California law by targeting children with its products.

But late last week, US district judge Virginia Phillips dismissed Monster's action, according to a statement on Herrera's website.

"Monster Energy's federal suit was a meritless ploy to stop our state consumer protection case, and I'm grateful to the court for issuing an unequivocal dismissal,” said Herrera.

Previously Monster had claimed Herrera's actions were motivated by “publicity rather than science”. The company said in its lawsuit: “Today, any child can walk into a Starbucks and buy an unlimited number of 16oz brewed coffee drinks, each with more than twice the caffeine as (Monster's) 16oz energy drinks,” the suit said.

Nobody was immediately available for comment from Monster when contacted by just-drinks today.