USITC Institutes Section 337 Investigation of Certain Energy Drinks and Labeling and Packaging Thereof

The 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 Monter 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.

The USITC will make a final determination in the investigation at the earliest practicable time. 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.