notice Published 2026-06-04

Certain Energy Drinks and Labeling and Packaging Thereof; Notice of Institution of Investigation

📌 ETDETA brief — importer impact summary (educational)

Brief takeaway: The ITC has opened a Section 337 investigation into whether certain imported energy drinks and their labeling and packaging infringe several Monster Energy trademarks, which could lead to import exclusion orders.

What changed: According to the notice, a complaint was filed on April 17, 2026 (supplemented May 21, 2026) by Monster Energy Company alleging that the importation and sale of certain energy drinks and their labeling and packaging infringe one or more U.S. trademark registrations. The notice states the complainant seeks a general exclusion order, or alternatively a limited exclusion order, plus cease and desist orders.

Who's affected: The notice names certain energy drinks and the labeling and packaging thereof. It cites four U.S. Trademark Registrations: the '278 mark (No. 6,760,278), the '182 mark (No. 6,451,182), the '214 mark (No. 2,903,214), and the '821 mark (No. 3,434,821). No specific HTS codes or countries of origin are specified in the notice.

What to review:
- Review whether any energy drink products you import may resemble or use the marks cited in the notice.
- Confirm with your broker whether an eventual general exclusion order could reach your products regardless of source.
- Check the labeling and packaging of your imported energy drinks against the trademark concerns raised.
- Review the ITC docket for further filings, respondents named, and scope developments.

This is general information, not legal advice and not a compliance determination — confirm specifics with a licensed customs broker or trade counsel.

Official notice

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.

Source: Federal Register · International Trade Commission · Read the official notice ↗

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This update is a general educational summary based on public CBP CSMS / Federal Register information. It is not legal advice, customs broker advice, a final classification, duty determination, entry instruction, or compliance determination. Importers should confirm applicability, effective dates, HTSUS/Chapter 99 reporting, rates, refunds, PSC procedures, and filing instructions with their licensed customs broker, trade counsel, and/or CBP.