Red Bull Cries Foul on Bogus Beverages U.S. agency investigating certain energy drinks based on company complaint
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WASHINGTON -- The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain energy drink products. The investigation is based on a complaint filed by Red Bull GmbH of Austria and Red Bull North America Inc., Santa Monica, Calif., on May 15, 2009. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain energy drink products that infringe trademarks and a copyright asserted by Red Bull.
The complainant requests that the USITC issue an exclusion order and cease-and-desist orders.
The USITC has identified the following as respondents in this investigation:
India Imports Inc., aka International Wholesale Club, Metairie, La.
Washington Food & Supply of D.C. Inc., aka Washington Cash & Carry, Washington, D.C.
Vending Plus Inc., Glen Burnie, Md.
Baltimore Beverage Co., Glen Burnie, Md.
By instituting this investigation (337-TA-678), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the commission.
The USITC will make a final determination in the investigation at the earliest practicable time, it said. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
Red Bull recently defended itself against allegations that its Red Bull Simply Cola contained cocaine. The company said that de-cocainized coca leaf extracts used as flavoring in food products are considered to be safe, and that U.S. Food & Drug Administration (FDA) regulations provide that it is acceptable and safe to use de-cocainized coca in food products in the United States. (Click here for previous CSP Daily News coverage.)
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The USITC will make a final determination in the investigation at the earliest practicable time, it said. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.