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Man sues energy drink maker after mouse found in can

by ELISA HAHN / KING 5 News

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KING5.com

Posted on March 29, 2011 at 5:20 AM

Federal Way, Wash.-- A Federal Way man has filed a lawsuit against the maker of Monster Energy Drinks. He claims he found a dead mouse at the bottom of his can, and he has the lab work to prove it.

"Anytime anyone talks about monster, I just get that sick feeling in my stomach," says Vitaliy Sulzhik.

It happened March 20, 2010. Sulzhik remembers it like it was yesterday. He went into the Fred Meyer in Des Moines, and bought himself a Monster Energy Drink. When he finished drinking it, he didn't realize another monster would be at the bottom.

"I put it down and I felt it was still heavy. So I backwashed it and all this debris went into my mouth," says the 19 year old. "Then I looked in the can and I saw the tip of the tail and I vomited everywhere."

It was a dead mouse inside the can. His attorney sent the can to MDE Inc., a forensic and engineering laboratory in Seattle, which cut open the can. They conducted a series of forensic tests on behalf of his client, and Monster's insurance company.

X-rays and autopsies showed the mouse didn't suffer any trauma, like from a mouse trap, nor was it killed using poison. In other words, there were no signs the mouse was killed and then forced through the opening.

"You hear these wild stories out there. Sure, you're a little skeptical at first," says Reed Yurchak, Sulzhik's attorney. "But everything here has checked out."

Yurchak says Hansen Beverage Company is aware of the findings, but still refuses to believe his client.

When contacted by phone, the drink-maker declined to comment on the lawsuit.

Sulzhik hasn't drunk anything from a can since.

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Comments: Displaying 1 - 15 of 38

FactFeeder said on April 5, 2011 at 11:23 AM

Want video proof of how it could be done? Mouse will easily fit into the opening of the can:----- mouse-in-can.com ---- No mouse harmed in the filming of this video!!

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nutinbutdatruth said on April 3, 2011 at 10:34 PM

He didn't read the fine print it says may contain dead rodent right at the bottom of the bottle.

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laura1977 said on April 1, 2011 at 7:36 AM

What's today's date?

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skippypotpiebaby said on March 30, 2011 at 4:14 PM

Wow this happen to beer and pop. Good luck

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commonsensewa said on March 30, 2011 at 12:26 PM

I've worked in canning/bottling plants and someone would Have to either shut the line down to put the mouse in it. The feds allow up to 10% of "foreign matter" in any processed foods. It's up to the manufacturer to go beyond those standards. makers of thinks like baby formula and high end foods keep that down as close to 0% as possible.

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waituhminute said on March 30, 2011 at 10:33 AM

yeeah, my friend...he's a cop. Yeah, he said like if I find like a mouse in my can of Monster Energy Drink I can get like free drink or some money...yeah...and he's a cop eh!

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cjcampbell said on March 30, 2011 at 7:43 AM

The cans are inverted until they are filled and capped, a process which takes a fraction of a second. How does a mouse get into there? And yet, this seems to happen every now and then.

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tootoo said on March 30, 2011 at 5:27 AM

If only there was a way I could get rich...and quick!

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slappywag said on March 29, 2011 at 10:41 PM

@trojan33, it's all a conspiracy against just you.

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klouhoiuhyoiuhyo said on March 29, 2011 at 8:58 PM

Aziza needs to do some research and find out exactly how much "extra" stuff is allowed in our food. You're in fairyland if you think its all clean.

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lsmith5870400119 said on March 29, 2011 at 7:57 PM

AZIZA, There are very few building made that rodents can't get into, especially one where people and vehicles are constantly going in and out. Our food prep in this country is among the cleanest in the world. Face it, sh#t happens. Sometimes in our food.

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trojan33 said on March 29, 2011 at 7:49 PM

I can't believe I am the only one commenting on this story. I bet everyone has had their comments erased like myself. Of course, this one won't show up either.

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jetmechdave70 said on March 29, 2011 at 7:10 PM

I think this is another line of BS.

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grizzlyironbear said on March 29, 2011 at 7:00 PM

These things happen. ANY time you make a food product, there will be instances of things like this happening. No matter how many precautions you take, you will have stuff like this happen. Allowing someone to sue a company for something they couldn't stop even with the best technology is stupid.

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aziza said on March 29, 2011 at 6:41 PM

bethan? I think a bigger concern is the deregulation of our factories and corporations that would allow such hazards as rodents to be in the factory and crawl into the can in the first place! What about all the ecoli we have seen lately? And contamination of our food? And to both you and grimmerb, how about you stick a dead mouse in your cheerios and eat them? No whining or barfing.

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grimmerb said on March 29, 2011 at 6:10 PM

Oh cry me a river. I am far from a fan of corporate sleezebags but I am even less of a fan of whiny people. Monster should offer him a free case of their Energy drink and call it good. What society needs to do more importantly is ban lawsuits altogether.

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speeadork said on March 29, 2011 at 5:40 PM

My Red-Bull had a bird in it.....It gives you Wings!

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bethanyja said on March 29, 2011 at 5:26 PM

He doesn't seem to be physically hurt and mentally, well he will need to get over it or pour his can of "whatever" into a glass to inspect. Hopefully he is rewarded no money from the lawsuit. This would be one of the reasons our country is in trouble, needless lawsuits! Monster needs to correct this and not in court!

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graham said on March 29, 2011 at 3:54 PM

I would'nt be so sure he really found a mouse in the can, maybe someone put it there!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1

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gablestout said on March 29, 2011 at 3:49 PM

Hey we found a dead mouse in our beer eh. That means you owe us a free case.

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ohmygoodness said on March 29, 2011 at 3:21 PM

Oh-my-goodness!

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enigmatic5 said on March 29, 2011 at 3:05 PM

Monster Energy Drinks spokesman - "Actually, the health benefits from consuming dead mice whole are tremendous. We started lacing all our drinks with dead animals. Our aim is to become the Mezcal of energy drinks."

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trojan33 said on March 29, 2011 at 12:37 PM

What a hoser. He needs to like, take off. Eh.

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banditrider said on March 29, 2011 at 11:39 AM

This story seems a little fishy to me. Kinda like the finger in the Wendy's chili story. Its funny how quickly he went to his attorney after discovering the mouse. Wouldn't you talk to store management, maybe the health department? These guys are looking for an out of court settlement.

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SassyKat said on March 29, 2011 at 11:35 AM

Gee, I don't know why this guy was mad. So he got some extra protein! It's too bad that other "scam artists" have made so many false claims regarding foreign objects in food and drink items that companies have to have their guards up. Hopefully this is taken care of justly.

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treeclimber said on March 29, 2011 at 10:05 AM

as far as the mouse not being poisened or traped ,, some of the new mouse traps do not kill mice they simply trap them inside a little box so your lawyer if he wants to can drown them and file a law suit..there's big money in lawsuits....

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treeclimber said on March 29, 2011 at 10:00 AM

the best thing to do is not leave your drink laying around where mice can crawl into it. mice and there bone arrangment make it posssible for them to go threw small crack in your wall ,the problem here is the mouse is in To good of shape,,, the mouse looks better than my son after a night on the town. theres the possibuilty his lawyers changed mice on the way to a lab of there choice.

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Shocky said on March 29, 2011 at 9:57 AM

Ew.

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livinglife said on March 29, 2011 at 9:00 AM

1- how did the mouse get in there and 2 how do we know he did not put it in there. How could you not tell something was wrong. when you tilt it up if something was in there wouldn't you be able to tell?

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wesley112610 said on March 29, 2011 at 8:54 AM

kak55, watch the video. You clearly see the size of the mouse. There is no way the mouse could fit through the opening.

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hebeshebewebe said on March 29, 2011 at 8:48 AM

SCAM

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4grandma said on March 29, 2011 at 8:31 AM

Oh yuck. I'm giving up diet coke.

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kak55 said on March 29, 2011 at 7:51 AM

The story doesn't say what size the mouse was. It truly could have been small enough to squeeze itself into the top. Rats and mice are known to live in cars, especially in the colder months like March. It easily could have snuck in after he started drinking it and then drowned. I highly doubt it could have happened in the warehouse. The machinery made to create the cans, fill, and seal happen so fast. But you never know. Very gross.

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wawolf said on March 29, 2011 at 7:49 AM

Pests are often found at factories. This mouse probably fell into the can during the processing line. Nasty, sure, but this guy will probably get a healthy sum of cash for his troubles.

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gablestout said on March 29, 2011 at 7:24 AM

BS - Can anybody say "Strange Brew"? Taking an idea from a 1983 cult classic and using an energy drink does not, a credible lawsuit, make.

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aziza said on March 29, 2011 at 6:35 AM

This is totally believable because of the proof that the mouse was not forced into the can. Mice can squeeze through tiny tiny holes/ openings. The evidence would suggest grossly that the mouse willingly went in the can at the factory. This story makes me want to vomit just thinking about it.

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jeana121170 said on March 29, 2011 at 6:21 AM

Wow, this makes me sick. Makes you never want to drink out of can again!!!

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underserf said on March 29, 2011 at 5:57 AM

HORG!!! I really hope this isn't a scam, but it does beg the question, how did the mouse get in the can the brief moments it went from an aluminum slug being forged into a can and a few seconds later when it was filled? That bottler need a serious FDA inspection - or complete deregulation, which EVERYBODY says would work better...

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