As part of Wednesday’s decision, Bloomberg reported the judge who approved the sale would also approve a resolution to false advertising litigation against Vital Pharmaceuticals. In that case, Bang argued it could lose millions if it had to destroy existing cans with “Super Creatine” claims, but Monster won again. Monster won the suit, but said Bang continued using “Super Creatine” in its marketing, leading Monster to go after Bang again in April, asking a judge to issue a court order forcing the company to stop. Monster argued that Bang falsely claimed to include the protein building block creatine in its drinks, and by saying it did, Monster could lose customers. Monster and Bang Energy-which grew in popularity through creator partnerships on TikTok-previously faced off in court when a jury awarded Monster $293 million after it sued the rival drink company for false advertising and other alleged misconduct, Reuters reported. Bang and Vital Pharmaceuticals declared bankruptcy in October 2022 to “help the company recover from recent challenges,” according to industry publication FoodDive, including legal issues, while Owoc was removed from his position on the board of directors and as CEO in March 2023. The drink had brightly-designed cans and unique flavors like "Birthday Cake Bash'' and “Radical Skadattle." In May of 2020, IRI Worldwide reported that Bang had done $300 million in sales and named the brand the number one food and beverage "pacesetter." Sales of the drinks peaked in 2021 and, by the third quarter of 2022, were down 27%, according to Food Navigator. Key Backgroundīang Energy launched in 2012 under Jack Owoc, who founded its parent company, Vital Pharmaceuticals. The aim of Monster Energy is to offer many high quality products to customers and satisfy.
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