he U.S. International Trade Commission (Commission or USITC) voted to institute an investigation of certain energy drinks and labeling and packaging thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed on behalf of Monster Energy Company, of Corona, California, on April 17, 2026. A supplement to the complaint was filed on May 21, 2026. The complaint, as supplemented, alleges violations of Section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain energy drinks and the labeling and packaging thereof that infringe certain claims of the patents asserted by the complainant. The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
The USITC has identified the following respondents in this investigation:
Gig Wholesale Corp., Spring Valley, New York
The Elegant Inc., Piliyandala, Sri Lanka
Hamilton Trading Corp., Bronx, New York
Pal Global Imports Inc., Elmhurst, Illinois
Asia Link Inc., Auckland, New Zealand
Creative Trading, Cedarhurst, New York
MBCH Solutions LLC, Farmington Hills, Michigan
Simple Shipping Solutions LLC, Farmington Hills, Michigan
USJDC Trading Inc., Plaza Panama City, Panama
Apollo Produce LLC, Houston, Texas
Barren Springs LLC, Houston, Texas
Sigmai (Asia) Limited Inc., Miami Lakes, Florida
Cats Media Inc., Basking Ridge, New Jersey
By instituting this investigation (337-TA-1502), 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 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.
https://www.usitc.gov/press_room/news_release/2026/er0602_68679.htm
