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Bang Energy and its chief executive Jack Owoc have found themselves in the legal crosshairs of Monster Beverage Corp after capturing vast swaths of market share. Bang must defend itself against a wide variety of allegations, one of which involves allegations of false advertising.

Monster alleges that Bang Energy’s growth can be attributed to “deceiving the public about the product’s ingredients and the benefits of consumption.”

In turn, Vital Pharmaceuticals – the parent company of Bang Energy – has countersued Monster for trademark infringement, claiming that Monster’s new product line “Reign Total Body Fuel” copies the flavor profiles and ingredients of Bang Energy.

An analysis of the numbers may provide insight into why Monster Beverage Corp has decided to take a hardline legal stance against Vital Pharmaceuticals Inc.

Bang Energy has been the fastest-growing energy drink in the market. According to Beverage Digest, Monster led the market at 36% in a 12-month span that ended in mid-March 2019.

Bang, on the other hand, came in at the seventh position claiming 3.2% of the total market share. While that may not sound threatening, Bang’s market share has more than doubled to 7% since that time.

One of Bang Energy’s advantages is that it has become the go-to energy drink for performance enhancement and sports nutrition. As such, it has become highly popular at fitness clubs across the United States.

Another product by Vital Pharmaceuticals Inc., the Bang Pre-Workout Master Blaster, has also become a leading seller for the company. The energy drink is advertised as having zero caffeine and “super creatine;” a compound that Monster claims to be a hoax.

Creatine is an amino acid that increases muscle energy and can be taken as an energy supplement. According to Monster, advertising on Bang’s website explicitly states that its product “is not intended to diagnose, treat, cure, or prevent any disease.”

Additionally, Monster claims that a Yale University pharmacologist tested a variety of formulations of Bang’s energy drink and creatine couldn’t be found in the product at all. The legal battle is ongoing as Bang defends against the allegations.

Litigation attrition 

It remains to be seen whether or not Monster is justified in their various lawsuits against Bang, but one thing is clear; Bang Energy has become a serious threat to Monster’s dominance over the energy drink market. To deal with its competitor, some say Monster has adopted the tactic of litigation attrition.

Litigation attrition is a legal strategy whereby large corporations and/or high net worth individuals inundate a competitor that is less capitalized with legal filings until they go out of business.   The goal of litigation attrition is to wear your opponent out financially by having them run out of money trying to match your legal spend, thus they can no longer afford counsel to defend them on the merits of the case.