Vital Pharmaceuticals, doing business as VPX Sports, filed for Chapter 11 protection in bankruptcy court in the southern district of Florida. Manufacturers Topics covered: manufacturing, packaging, new products, R&D, and much more. (Reuters) - Energy drink maker Bang Energy and its CEO Jack Owoc are facing a third lawsuit from a major music label over their social-media ads, after several Warner Music Group affiliates accused them of setting TikTok and Instagram videos to music with songs by artists including Beyonce, Bruno Mars and Cardi B without a license. Subscribe to Food Dive for top news, trends & analysis, The free newsletter covering the top industry headlines, Pregis Performance Flexibles Facilities Are ISCC PLUS Certified, METER Group Food Scientists to Present New Research on Powdered Foods, The Bornk Tuna Sandwich is Back at Erbert & Gerbert's, SimplyV Launches Plant-Based Cream Cheese in the U.S. in Foodservice and Grocery Retail, By signing up to receive our newsletter, you agree to our. and Truly, owned by Boston Beer. "While the bankruptcy decision likely wont lead to the death of Bang Energy at least in the near term it does severely handcuff growth and I predict ultimately will speed up the changing of the guard thats already been in process in the energy drinks market," he said. Reach him at blake.brittain@thomsonreuters.com. Vital asked the court to vacate the award, arguing Isaacs "effectively dispensed his own brand of economic justice. Not only was Bang not a healthy alternative, but it also wasnt really healthy at all. Or, is Bang just an example of a company that fell victim to legal damages and failed deals? DC Circuit to Disputes Ancillary to Patent Matters: You Cant Sit Consumer Fraud PFAS Cases Continue To Rise. Alexis Crawford Douglas concentrates her practice in the area of intellectual property, including a range of transactional and litigation matters related to trademarks and copyrights, along with the strategic management of intellectual property portfolios. Bang, which filed for bankruptcy this week, will use the fresh cash to help pay its bills while searching for a more permanent solution to its legal and financial woes. 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Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. 14-Oct-2022 at 17:31 GMT, Related tags The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. Judge says UMG showed Bang's TikTok videos misused songs, Questions remain on damages, liability for alleged influencer infringement. Energy drinks by Florida company Vital Pharmaceuticals Inc. called "Bang," above, and energy drinks by Monster Energy Co. called "Reign Total Body Fuel,"" below. For Warner Music: Rollin Ransom of Sidley Austin, For Bang Energy: information not available, Bang Energy's social-media ads violate Sony Music copyrights, judge says, Bang Energy violated UMG music copyrights in TikTok ads, judge says. When it comes to the popularity of energy drinks, however, that seems solidified for the foreseeable future. Our Standards: The Thomson Reuters Trust Principles. | Technical / White Paper. Bang Energy gets US$34m lifeline despite Monster objections - Just Drinks The most comprehensive solution to manage all your complex and ever-expanding tax and compliance needs. Monster's legal complaint is similar to a three-year-old toddler crying out to their mother for help. Meanwhile, another Monster Energy Drink Lawsuit went to trial in early May 2015. The Bang Energy producer said . The latest attack in the hostile battle over distribution of Bang Energy drinks involves a product that hasn't even reached the market yet. Locking Tik Tok? Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. In fact, over 30% of teens aged 12-17 consume energy drinks on a regular basis. : What Bangs Financial Woes Signify for Energy Drinks. After the emergency arbitrator ruled in PepsiCo's favor,the company said it "upholds the importance and enforceability of distributor agreements and reaffirms the high standard of integrity to which we hold ourselves and expect of our partners.". 4:2014cv00758, filed August 22, 2014 at Missouri Western District Court. And not only is it 300 mg of caffeine per can, but it's also actually eerily close to being past the healthy limit on caffeine, which is 400 mg.. Part 1 training plans. Bang Energy's parent company files for bankruptcy The parent company of Bang Energy has filed for bankruptcy, shortly after being hit with a $293 million judgment in a lawsuit brought by a competitor. - Last updated on The Supreme Court Grants Petition to Decide Constitutionality of CFPB Understanding Your Law Firms Value Proposition, Spike in Migrants Crossing U.S.-Canada Border Raising Concerns, Bill to Amend the Gramm-Leach-Bliley Act Introduced to Congress, Energy & Sustainability Washington Update March 2023. Critically, that promotion was (and still is) conditioned on the consumer having AARP membership. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Health & Wellness Monster Energy defeats rival's trademark claims over low-sugar energy The mother of teenager Alex Morris, who died from a cardiac . Bang Energy's TikTok account has over 1.5 million followers, and TikTok videos with the #BangEnergy hashtag have garnered nearly 18 billion views. Parth Raval, the division's chief growth officer, said the CPG giant is exploring different ingredients, packaging formats and flavor offerings to strengthen its dominant presence in the category. The industry leader for online information for tax, accounting and finance professionals. Energy drinks may be linked to frightening side effects - MarketWatch | Insight Guide. In terms of the energy drink market overall, Howard Telford, head of soft drinks research at Euromonitor, said the category is alive and well with plenty of other players outside of Bang Energy driving the market forward. We are excited about our future, and particularly the new distribution system that we have spent the better part of this year assembling, Owoc, CEO of VPX, said in a press release. Caffeine use may also be associated with anxiety, sleep problems, digestive problems, and dehydration. UMG sued Bang Energy last year, and said the company relied on an "aggressive and conspicuous" social-media campaign to become one of the largest energy-drink companies in the United States. Energy Drinks Health Risks: A Doctor Weighs In On the Dangers Monster has separately sued Vital for false advertising in a case that is scheduled to go to trial next month. The parent of Monster Energy drinks is suing the maker of rival Bang drinks for alleged false advertising and unfair competition. U.S. District Judge William Dimitrouleas also ruled for Universal Music Group on similar claims against the drink company in July. 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The latest attack in the hostile battle over distribution of Bang Energy drinks involves a product that hasn't even reached the market yet. Trendspotter The case. Monster Energy Corp., based in Delaware but with a principal place of business in Corona, California, filed a lawsuit on Sept. 4, 2018, in a California district court against Vital. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". ), Monster asks court to enforce $175 mln award against Bang Energy maker, Monster Energy defeats rival's trademark claims over low-sugar energy drinks. As will be addressed in the next post, this difference between literal and non-literal falsities is important. Food retail and e-commerce, Prinova | 21-Feb-2023 See here for a complete list of exchanges and delays. According to VPX, the filing is a "restorative action to help the company recover from recent challenges, including multiple lawsuits that impacted the companys short-term outlook and the cost impact of reconstituting the companys national distribution network that resulted in a summer revenue gap. Health and nutritional ingredients Monster Energy defeated rival VPX Sports' claims in Florida federal court that Monster ripped off the packaging of VPX's Bang Energy drink to use for its Reign drinks, in a case U.S. District . Monster said in its lawsuit that the company has spent more than $5 billion in advertising and marketing its brand since the Monster line debuted in 2002. While that might be untrue, consumer perception becomes reality and that causes lost sales. According to that report, a number of factors will increase the demand, including the rapidly growing younger population of the U.S. One way that the market has changed is the desire for drinks that provide energy, but arent just loaded with sugar. Bang Energy currently owes Monster Energy more than $500m from an earlier false-advertising lawsuit it lost against the brand on top of more than $340m owed to existing secured lenders and another . But it appears the soaring brand may have flown too close to the sun with the news - announced Monday - that theVPX is seeking Chapter 11 bankruptcy protection. Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. "By choosing to vertically integrate themselves vs. an asset-light model, like say Monster, and deciding to add capacity fast and furious-style based on earlier aggressive growth models, you end up with this oil and water business problem. Volunteers and employees of Bang Energy drinks with buckets in hand helped pick up trash and other debris at Hobie Beach Island Park along the Rickenbacker Causeway on Friday. Teens and Energy Drinks: a Potentially Dangerous Combination He retired in April 2020. Mom sues Monster energy drink over teen's death - NBC News Will Bang be able to pull itself out of its hole? Drinking 32 ounces in an hour increased the risk of electrical disturbances in the heart, an American Heart Association study found. 2. Nielsen reported in Junethat off-premise sales for the 52 weeks ended June 13 were up 127%. UMG showed that it owned the copyrighted songs and that Bang's videos used them without permission. In. Warner Music sues Bang Energy in latest TikTok advertising lawsuit Bang Energy. Awards against Bang among the largest under the Lanham Act (Reuters) - Monster Energy Co convinced a California jury on Thursday to award it $293 million in damages from rival Bang Energy. A new case study describes a rare case of severe heart failure in a 21-year-old man after he drank multiple energy drinks daily for two years, revealing the potential dangers of excessive . Supreme Court Clarifies the Meaning Salary Basis Under Federal OIRA Calls for Feedback on Recommendations to Encourage More FTCs One-Two Punch on Data Tracking and Health Privacy. Had the court found a literal falsity here, a presumption of deception would have applied. . Monster, the energy drink sectors biggest player along with Red Bull, filed an expanded lawsuit against Bang maker Vital Pharmaceuticals Inc. and its chief executive, Jack Owoc, on Wednesday that claims Bangs growth is fueled by flagrant consumer deception and systematic anti-competitive business practices., Monster initially sued Vital last September, alleging it was deceiving the public about the products ingredients and the benefits of consumption.. distributors in at least seven states have declined or curtailed efforts to enter into distribution agreements for Mixx over fears of being sued by PepsiCo. Photo: from court . And then came the public breakup between Bang Energy and PepsiCo in June 2022, in which Bang announced it would be exiting the beverage giant's distribution model. But the real roadblock is the amount of debt Bang Energy will have to dig its way out of, according to Schall. Markets Monster and other energy drink makers also have faced lawsuits alleging that their drinks, often rich in caffeine, contributed to serious injuries and deaths. WESTON, Fla., Nov. 17, 2020 (GLOBE NEWSWIRE) -- Bang Energy has terminated its exclusive distribution partnership with PepsiCo, which is no longer the exclusive distributor of BANG . And not only is it 300 mg of caffeine per can, but its also actually eerily close to being past the healthy limit on caffeine, which is 400 mg. The content and links on www.NatLawReview.comare intended for general information purposes only. Despite the risks, energy drinks continue to grow in popularity. The move comes after two Monster judgments. Quality Probiotics. Access unmatched financial data, news and content in a highly-customised workflow experience on desktop, web and mobile. "I dont think the unique circumstances with Bang are indicative of weakness with the energy category at all. 1. Statement in compliance with Texas Rules of Professional Conduct. Free Speech Shines Bright, Illuminates Patent Owners Right to Allege California Supreme Court to Address Rounding of Employee Time. According to a Research and Markets r, Todays consumer is more health conscious, so any beverage company that wants to remain successful will need to take note and adapt, perhaps pivoting more toward energy drinks with, Meet the Two Biggest Enemies of Indoor Farming, Analyst: Expect Higher Egg Prices Through 2022, The 5 Healthiest Yogurts Currently on Store Shelves. His favourite drink is a pint of best bitter, poured through a sparkler. Bang Energy CEO Jack Owoc Might Be Losing His Buzz - Bloomberg Scooter startup Lime sues Hertz for poaching engineers, NFL, Raiders sued by Las Vegas lawyer over Super Bowl ad. Its Instagram account has 2.3 million followers. (Reuters) - A federal judge in Florida found Monday that energy drink maker Bang Energy infringed Universal Music Group's copyrights by posting TikTok ads with music from some of the label's most popular artists without permission. Monster Energy Co. won a trademark infringement trial over its Reign energy drink, after a federal judge in Florida found the product is unlikely to be confused by consumers as being a can of competitor Vital Pharmaceuticals Inc.'s Bang. Testosterone plays a vital role in men's physical & psychological health. How Modern Manufacturing Plants Can Protect Against Ransomware, FTC Will Host May 23, 2023, Workshop on Recyclable Claims and the Appellate Court Affirmed An Order Denying A Beneficiarys Request For An Overview of Why Class Action Privacy Lawsuits May Have Just Gotten Gold Dome Report Legislative Day 26 (2023). | Infographic. PEMBROKE PINES, FLA. Vital Pharmaceuticals, Inc. (VPX) has filed a voluntary petition under the Chapter 11 Bankruptcy Code in the Southern District of Florida. Energy Drinks | The Nutrition Source | Harvard T.H. Chan School of That surge is a key reason why Monster Chief Executive Rodney Sacks now has a net worth of $1.8 billion, according to Forbes. Energy drinks could cause electrical disturbances in the. According to court papers filed, Vital Pharmaceuticals owes over $500 million to Monster Beverage Co. and an additional $115 million to PepsiCo Inc, its previous distributor, according to a story published in the, Despite Bangs current troubles, for the most part it doesnt seem like the U.S. is finished with energy drinks. This copy is for your personal, non-commercial use only. articles a month for anyone to read, even non-subscribers! ThermoLife International, LLC Files Suit Against VPX, The Maker Of BANG Nearly 140 TikTok ads posted by Bang and its CEO Jack Owoc violated UMG's rights in songs by musicians including Mariah Carey, Justin Bieber, Dua Lipa and Cardi B, U.S. District Judge William Dimitrouleas said. This post is one in a series of posts seeking to provide a snapshot of the recentMonster Energy,CareDxandAT&Tcases, respectively. Bang Energy Terminates Distributor Partnership With PepsiCo - Yahoo! We will continue to fight these monster corporations. Sweeteners (intense, bulk, polyols) Monster is simply living up to its reputation of being an overly litigious bully and employing scorched-earth tactics to deal with perceived competitors, privately held Vital said, adding that it will address Monsters sham complaint in due course and was confident it would be dismissed. Energy drink maker Monster Energy Co. was awarded $293 million in damages by a California federal jury in a false advertising and trade secrets case against the maker of Bang Energy and its CEO Jack Owoc over the drink's "super creatine" brandingwith the potential for more to come. It will also provide a checklist of advertising dos and dontsincluding the importance of monitoring competitors and their advertising practices in a tightening consumer market. Analytical cookies are used to understand how visitors interact with the website. By Monica Watrous WESTON, FLA. The maker of Bang Energy beverages said it has filed a lawsuit against PepsiCo, Inc., alleging the Purchase, NY-based company engaged in "gross misconduct". Bang says it . As the battle between the beverage giant and feisty energy drink maker rages on, it's unlikely this is the last time the courts will called on to act.

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