Certain Energy Drinks and Labeling and Packaging Thereof; Notice of Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 17, 2026, under section 337 of the Tariff Act of 1930, as amended, on beh...
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 17, 2026, under section 337 of the Tariff Act of 1930, as amended, on behalf of Monster Energy Company of Corona, California. A supplement to the complaint was filed on May 21, 2026. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain energy drinks and labeling and packaging thereof by reason of the infringement of one or more of U.S. Trademark Registration No. 6,760,278 (“the '278 mark”); U.S. Trademark Registration No 6,451,182 (“the '182 mark”); U.S. Trademark Registration No. 2,903,214 (“the '214 mark”); and U.S. Trademark Registration No. 3,434,821 (“the '821 mark”). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
ADDRESSES:
The complaint, except for any confidential information contained therein, may be viewed on the Commission's electronic docket (EDIS) at
https://edis.usitc.gov.
For help accessing EDIS, please email
EDIS3Help@usitc.gov.
Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205-2000. General information concerning the Commission may also be obtained by accessing its internet server at
https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority:
The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2025).
Scope of Investigation:
Having considered the complaint, the U.S. International Trade Commission, on June 1, 2026, Ordered That—
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(C) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain products identified in paragraph (2) by reason of infringement of one or more of the '278 mark; the '182 mark; the '214 mark; and the '821 mark, and whether an industry in the United States exists as required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is “gray market energy drinks and labeling and packaging thereof that are manufactured for distribution and sale solely outside the United States and that bear the Asserted Trademarks”;
(3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:
(a)
The complainant is:
Monster Energy Company,
1 Monster Way Corona, California 92879.
(b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served:
Gig Wholesale Corp. 1 Perlman Drive, #106 Spring Valley, NY 10977
The Elegant Inc. 41 Sri Bimbarama Road, Piliyandala 10300, Sri Lanka
Hamilton Trading Corp. 2429 East Tremont Avenue 3, Bronx, NY 10461
Pal Global Imports Inc. 265 S. Cottage Hill Avenue, Elmhurst, IL 60126
Asia Link Inc. 32 Hill Street, Onehunga, Auckland, New Zealand 1061
Creative Trading PO Box 471, Cedarhurst, NY 11516
MBCH Solutions LLC 23404 Larkshire Street, Farmington Hills, MI 48336
Simple Shipping Solutions LLC 23404 Larkshire Street, Farmington Hills, MI 48336
JDC Trading Inc. Plaza 100, Calle Principal El Ingenio 100 PI PB 4B, Panama City, Panama 07158
Apollo Produce LLC 10510 Rockley Road, Houston, TX 77099
Cats Media Inc. 233 Mt. Airy Road, #100, Basking Ridge, NJ 07920
(c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown.
Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination
( printed page 33757)
and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent.
Use this for formal legal and research references to the published document.
91 FR 33756
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Certain Energy Drinks and Labeling and Packaging Thereof; Notice of Institution of Investigation,” thefederalregister.org (June 4, 2026), https://thefederalregister.org/documents/2026-11201/certain-energy-drinks-and-labeling-and-packaging-thereof-notice-of-institution-of-investigation.