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Bang Sues Monster Alleging Smear Campaign Conspiracy

August 9, 2019 10:31 AM EDT

WESTON, Fla., Aug. 09, 2019 (GLOBE NEWSWIRE) -- Bang Energy has filed a second suit against Monster Energy, this time alleging Monster’s use of the Internet to confuse, defraud, and deceive the public about Bang Energy, its products, and CEO; Monster’s hiring of paid social media influencers as co-conspirators without adequate disclosures; and Monster’s surreptitious creation of unaffiliated websites promoting a dubious smear campaign orchestrated by Monster.  The influencers who have been identified to date are also named in the lawsuit, as well as the suspected de facto registrant of one of the sham websites.

In addition, Monster is accused of falsely peddling its flagship product, “Monster Energy” (with the green “M” logo), as a so-called “energy” drink without adequately warning consumers of the sugar crash and other potential negative health consequences of drinking Monster’s products, which have been reported to the federal government for numerous adverse health events, including heart attacks and at least 18 reported deaths so far.  Bang Energy asserts that Monster’s false representations to consumers and investors alike have permitted Monster to achieve billions in dollars in sales at the expense of public health and honest competitors like Bang Energy.

Bang Energy also believes that Monster’s smear campaign conspiracy and other deceptive and unfair trade practices are merely part of Monster’s scorched earth tactics and desperate attempt to compete with BANG® energy drinks.  In addition to monetary damages, Bang Energy seeks an injunction to halt these dishonest tactics. 

Monster’s tactics coincide with its lawsuit in California against Bang Energy’s advertising.  Bang Energy claims that the California lawsuit, together with Monster’s other tactics, are simply designed to grease the wheels for the launch of Monster’s knockoff product (called Reign) that looks like Bang Energy, copies Bang Energy’s “body fuel” tagline, and infringes Bang Energy’s registered REIGN trademark.  Monster’s knockoff product is the subject of a separate lawsuit, additional details for which are available here.

“Monster has a long history of attempting to bully its competitors in the courthouse, confusing consumers in the public domain, and competing illegally in the marketplace,” says Bang Energy CEO, Jack Owoc.

Owoc adds, “Monster picked this fight with Bang Energy.  But Monster won’t get away with its illegal and unethical tactics—and Monster won’t stop either Bang Energy’s growth or the public’s realization that Monster is truly a monster!”

A copy of the Monster conspiracy complaint, Case No. 0:19-cv-61974-RS, filed in the U.S. District Court for the Southern District of Florida, is available at Bang Energy’s website, www.bang-energy.com.

Bang Energy is represented in this lawsuit by its outside counsel, Miles Scully, Timothy Branson, Holly Heffner, and Andrew Schindler, of Gordon Rees Scully Mansukhani, LLP, and its in-house attorneys, Marc Kesten, Francis Massabki, and Matthew Davidson. 

About Vital Pharmaceuticals, Inc., d/b/a VPX Sports (“VPX”), and as Bang Energy:

VPX has been producing epic performance beverages and sports nutrition products for more than 27 years. The company is unrelenting in its pursuit of creating trendsetting inventions that enhance both physical appearance and physical performance. These innovations, including BANG® ENERGY DRINK, are backed by 28 landmark, human-subject studies at UCLA, University of South Alabama, Florida State University, Baylor, University of Southern Maine, Memphis University, College of New Jersey, FIU, Nova University, and other top universities in the country. Likewise, Bang Energy’s cutting-edge marketing, advanced distribution systems, and meteoric growth have been featured by prestigious news and business research outlets such as Forbes and Wells Fargo. BANG® is sold in iconic retailers such as 7 Eleven, Publix, and Walmart; it is the #1 selling beverage of all time in two of the world’s largest health food retailers (GNC and The Vitamin Shoppe); and, it is also the #1 selling beverage of the world’s largest sports nutrition distributor, Europa Sports Products. Bang Energy is led by the world's leading authority, author, and developer of performance-enhancing supplementation and physique-altering nutrition—Founder and CEO, Jack Owoc. For daily trendsetting fun and business updates, stay connected by following Jack Owoc on Instagram: @BangEnergy.CEO. 

Please also visit Bang Energy’s website, www.bang-energy.com, and follow the company on Instagram at @bangenergy for continuous updates, workout tips, and supplement research.

For further information about the action, please contact Miles Scully of Gordon Rees Scully Mansukhani, LLP, or Marc Kesten, Bang Energy’s General Counsel, at [email protected], or (954) 641-0570. 

A PDF accompanying this press release can be found here: http://ml.globenewswire.com/Resource/Download/dca2c113-65f8-454f-a7c6-20262188aef9



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