Grand Rapids woman sues Monster after allegedly finding mouse in drink

GRAND RAPIDS, Mich. — It’s been over a year since a Grand Rapids woman finished a Monster Energy Drink just to realize the can was not quite empty.

In April 2024, McKenzie Cain bought a Monster Energy Drink from the Big Apple Bagels located at 2058 Lake Michigan Drive NW in Grand Rapids.

Court documents allege that after finishing the drink, Cain picked up the can and realized it was still “oddly heavy.” She then opened the can further and found a dead mouse lying at the bottom of the can, “to her horror,” according to the court documents.

“As a result of the discovery, Cain experienced severe emotional distress, trauma, and physical illness,” read the court documents.

The documents also say that Cain underwent ongoing physical and emotional distress, resulting in medical expenses for counseling and treatment due to the alleged incident. 

She is suing Monster Energy Drink on three different charges. And now, over a year later, her case is heading to federal court.

On the count of Negligence, Cain and her legal team state that Monster owed a “duty” to Cain to ensure that their products were safe for consumption and free from harmful contaminants.

They allege that Monster breached that duty by failing to properly inspect and ensure the safety of the drink Cain consumed, causing the aforementioned emotional distress, trauma and physical illness.

On the count of Strict Liability, Cain and her legal team allege that Monster’s product has been shown to be defective as a result of Cain’s claims as “a dead mouse in the bottom of a can is a clear and massive deviation from its intended design,” according to the documents.

The documents also say that the drink Cain purchased and consumed with a dead mouse inside was “unreasonably” dangerous to her health and well-being, and poses health risks as well as lasting emotional distress. They allege that Cain’s physical illness and emotional distress was a direct result of the “Monster product defect,” and discovering the dead mouse in her can.

“Monster’s product was used in a manner that was intended or reasonably foreseeable, as Cain was using the product as intended,” read the documents.

The documents further say that Cain did not notice any substantial change in the product until after consuming it. They allege that this means the drink was not “substantially changed” from the time it left the manufacturer to the time she drank it.

Finally, on the charge of Strict Liability, due to all of the above, Cain and her legal team allege that Monster is strictly liable because the drink consumed contained “a harmful and dangerous defect,” ie, the alleged dead mouse, resulting again in Cain’s emotional distress, trauma and physical illness.

The third and final count that Cain and her team are alleging is on Implied Warranty of Merchantability, which ensures that a product is fit for the ordinary purposes for which such products are used. Meaning, they are arguing that the drink was sold for the purpose of being consumed. Therefore, Monster had a responsibility to make sure it was safe and fit for human consumption.

“Finding a dead mouse in a can of Monster Energy is a clear indication that the drink was not of acceptable quality and was not fit for consumption,” read the court documents.

On all three charges, Cain and her legal team are asking the court to award a judgment against Monster in an amount in excess of $25,000, along with covering any interest, costs, attorney fees or any other relief the Court deems “appropriate and just.”

Initially, Cain’s case was set to be heard in the 17th Judicial Court in Kent County. However, the U.S. Federal Court told 13 ON YOUR SIDE that the case had been moved to Federal Court as of July 11, 2025. They did not share any information on any upcoming court dates.

Photos of the can were provided in the court documents: