Lawsuit Alleged Bang Energy Used Deceptive False Advertising Practices

Lawsuit Alleged Bang Energy Used Deceptive False Advertising Practices

What was the outcome of Monster Beverage Corp’s legal case against Bang Energy for making false claims about the presence of “Super Creatine” in their drinks and participating in other inappropriate behavior?

May 25, 2023, Released at 3

Man shopping for energy drinks at the grocery store

Source: iStock

By 2030, the market is projected to grow at a rate of 8.1 percent, according to Consulting and Research Acumen. Energy drinks are experiencing a booming business, and you may opt for an energy drink to recharge your battery instead of just relying on coffee.

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Monster Beverage Corporation has taken the lead against Energy Bang, a competing energy drink company, with a lawsuit. It should come as no surprise that the crowded space of the energy drinks market has become a little hostile, and big-name brands may look for ways to disqualify the winning energy race from their competitors.

Monster Energy drinks lined up in a store refrigerator

Source: Getty Images

Energy Bang, which quickly became one of the best-selling energy drink companies in the U.S. In 2018, was sued by Monster Beverage Corporation for engaging in deceptive practices and false advertising.

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The company describes a “miracle drink” that can help reverse mental retardation and cure neurological disorders like Alzheimer’s by reaching forms of creatine other than the brain, which are more effective 20 times.

In 2018, Monster Beverage Corporation, owned by the Coca-Cola Company, filed a lawsuit against Bang Energy in the U.S. District Court for the Central District of California. The lawsuit alleged that Bang Energy had misled customers by promoting their product “Super Creatine” as a new ingredient developed by VPX Sports. However, in truth, the so-called super creatine was simply water-soluble creatine without any of the health benefits that were advertised.

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What was the outcome of the Bang Energy lawsuit?

In 2022, a California federal jury granted Monster Energy Co. $293 million in damages in a false advertising and trade secrets lawsuit against Bang Energy and its CEO, Jack Owoc, regarding their “Super Creatine” assertions.

The judge granted Monster $272 million for engaging in false advertising, $18 million for tortious interference, and an additional $3 million based on allegations that Bang unlawfully acquired trade secrets from former Monster employees whom they had hired.

Judge Jesus Bernal of the U.S. District Court ruled that Bang was required to keep necessary in order to prevent Monster from losing market share and customers due to allegations that the advertising claims of “Super Creatine” in Bang were false and did not contain the agreed-upon ingredients.

The company’s attorney, John Hueston, stated that the decision was a significant triumph for the Monster, as it would stop any additional damage caused by Bang’s and its founder’s dissemination of deceitful remarks.

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What’s next for Bang Energy?

In March 2023, Vital Pharmaceuticals (VPX), the parent company of Energy Bang, filed for Chapter 11 bankruptcy protection in Florida due to financial difficulties caused by millions of dollars in defaulted debt. This came after the verdict of a lawsuit against Energy Bang.

In January, the corporation issued its inaugural payment of $3.6 million to Monster as royalties. VPX further requested a fresh jury trial or decreased compensation from a federal court in Los Angeles. Additionally, in March 2023, VPX disclosed that the former CEO, Jack Owoc, is no longer fulfilling the roles of CEO or board member.

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