Dead mouse found in woman's Monster Energy can, lawsuit says
McKenzie Cain alleges she found a mouse inside a Monster Energy drink she purchased from a bagel restaurant in Grand Rapids, Michigan, in April 2024. She is seeking $25,000 for "emotional distress, trauma and physical illness," the lawsuit states.
"Upon consuming the drink, Cain picked up the can and realized the can was still oddly heavy," the lawsuit states. "Out of curiosity, Cain opened the can further, and to her horror, found a dead mouse laying in the bottom of the can."
In the lawsuit filed in September 2024, Cain accuses Monster Energy of negligence and strict liability for causing her physical harm, as well as breach of implied warranty of merchantability.
"It's hard to imagine many things more disgusting than finding a dead mouse at the bottom of your energy drink. It is also dangerous. Mice, like all rodents, often carry diseases that can be extremely harmful. It goes without saying that no beverages should ever make it to the shelf with a dead animal inside it," Cain's lawyer, Zach Runyan, said in a statement shared with USA TODAY.
Which has the most caffeine? Energy drinks like Red Bull, Monster and Rockstar are popular.
Monster Energy lawsuit now in federal court
On Monday, July 14, the lawsuit was transferred from state to federal court, Western District of Michigan records show.
"Plaintiff alleges to have found a dead mouse laying on the bottom of Defendant's can after consuming the beverage," the notice of removal from state court reads.
Monster Energy did not immediately respond for comment when contacted by USA TODAY on Wednesday, July 16.
This is not the first lawsuit of its kind. In 2011, Monster Energy was sued by a man named Vitaliy Sulzhik, who claimed he found a mouse in his energy drink after opening and consuming part of it. At the time, Monster Energy described the lawsuit as "frivolous, unfounded" and "nothing more than a shakedown."
"Common sense would dictate that if a mouse had been introduced into the can at production (a virtually impossible scenario given modern production technologies) which occurred months prior to Mr. Sulzhik's consumption of the product, the mouse would have deteriorated and the product would not have been drinkable from the very first sip," the company said in a news release.
As of July 16, it is unclear where Sulzhik's lawsuit stands.
Greta Cross is a national trending reporter at USA TODAY. Story idea? Email her at gcross@usatoday.com.
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