FOLLOW US

Business November 26, 2020 4 mins read

Bang Energy files lawsuit against PepsiCo over ita alleged ‘gross misconduct’

Business ı By Marivic Cabural Summers

0 Comments

bang

Jack Owoc, the CEO of Vital Pharmaceuticals/Bang Energy, announced that his company filed a lawsuit against beverage giant PepsiCo (NASDAQ: PEP) on Thursday.

In a statement, Owoc said Bang Energy is suing PepsiCo for allegedly failing to meet the terms of their exclusive distribution agreement.

His company is also accusing the beverage giant of unlawful business practices such as falsely representing its relationship with Bang Energy, which already legally terminated their partnership last month.

The Florida-based energy drinks company alleged that PepsiCo is misrepresenting itself to independent distributors and retailers that it is the exclusive distributor of Bang Energy.

Owoc said Bang Energy is “alleging that PepsiCo failed to meet contractual and joint business plan commitments and requirements under the distribution agreement.”

He added that “PepsiCo has engaged and continues to engage in gross misconduct. “Unfortunately, we were blindsided and bamboozled.”

Bang Energy accusing PepsiCo of practicing "intimidation tactics"

In the lawsuit, Bang Energy also claimed that the beverage giant is intimidating and “threatening” independent distributors and major retailers including Walmart (NYSE: WMT).

PepsiCo is allegedly telling independent distributors and retailers that they should exclusively purchase Bang Energy from it or else they will face lawsuits.

Furthermore, the energy drinks company claimed that the beverage giant “has repeatedly and intentionally sabotaged Bang Energy in the vast retail market.”

On October 23, Owoc/Vital Pharmaceuticals notified PepsiCo that it is terminating their partnership.

On November 17, they issued a press release stating that the beverage giant is fired and is no longer an exclusive distributor of Bang Energy.

Owoc also made it clear in a tweet that “Bang Energy has terminated the distribution contract with PepsiCo effective immediately.”  In fact, he was responding to an article suggesting that “PepsiCo has years left on the deal” and the break-up is “unlikely to take effect right away.”

Owoc pointed out in his tweet, “Cognitive dissonance and fake news cannot alter reality.”

That day, November 17, PepsiCo acknowledged that it has received the notice of termination from Vital Pharmaceuticals. However, it appears that the beverage giant was in denial of the fact that it has been fired.

“PepsiCo remains the exclusive distributor of Bang Energy drinks across the U.S. through October 2023. We will continue to fulfill our obligations under our agreement, which does not include any minimum purchase commitment. Serving our customers remains our top priority, while also defending and enforcing our exclusive rights granted in the agreement,” it said in a press release.

Based on its statement, it is highly likely that Bang Energy’s accusations against PepsiCo are true—that it is still representing itself as its exclusive distributor even if the energy drinks company already cut its partnership.

Bang Energy: a fast-growing and increasingly popular energy drinks brand

Bang Energy is a fast-growing energy drinks brand. It is becoming increasingly among young consumers who are health and nutrition-conscious. Bang Energy is emerging as a possible strong competitor to some of the leading energy drink brands such as Monster Energy and Rockstar Energy, which was acquired by PepsiCo for $3.85 billion.

Some market observers are speculating that PepsiCo probably failed to fulfill its commitments and promises to Bang Energy because of the Rockstar acquisition. There is a possibility that a conflict of interest has become a major concern for Owoc since the brands are competitors. No CEO would want his company to be on the sidelines especially when it has a great potential to become a market leader.

Is PepsiCo bothered by the fact that a small private energy drinks company has the audacity to break their business partnership? The beverage giant only knows the answer to that question.

One thing is clear, on Thursday Bang Energy sued PepsiCo and their exclusive distribution partnership “has been legally terminated” more than a month ago.

“Make no mistake – PepsiCo has been legally terminated! PepsiCo is no longer Bang Energy’s exclusive distributor. All retailers and third parties are legally free to purchase directly from Bang Energy and its extensive network of authorized distributors. Again, PepsiCo is no longer legally Bang Energy’s exclusive distributor,” said the energy drink company.

----------------------------------------

Have a story you want USA Herald to cover? Submit a tip here and if we think it's newsworthy, we'll follow up on it.

Want to contribute a story? We also accept article submissions – check out our writer's guidelines here.

Previous Article

Buffett bullish on four drug companies, bearish on JPM, WFC

Read More
2032 Posts

Marivic Cabural Summers

Marivic has been a freelance writer/journalist for nearly 20 years. She strictly adheres to the ethical standards in journalism. For her, integrity is everything. Readers deserve to know that real story. She previously worked as research analyst and editor at Lombardi Financial and has written for various websites including The Motley Fool, ValueWalk, IcannWiki and was a news writer/radio program producer at Nation Broadcasting Corporation. Marivic holds a BA in Mass Communications.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America September 20, 2026
Saquon Barkley Injury Sidelines Eagles Star After Brutal First Carry
By – Tyler Brooks
Opinion September 19, 2026
Trump’s Press Ban Puts His Ego Above Your Rights
By – Michallie Harrison
America September 19, 2026
Iranian Government Holds Rally as War With U.S. and Israel Continues
By – Jackie Allen
America September 19, 2026
Texas Shuts Down Houston-Area ‘Birth Tourism’…

Key Takeaways Texas Attorney General Ken Paxton announced that De’Ai…

By – Samuel Lopez
America September 19, 2026
Acquitted Michigan Brothers Sue FBI Agents…

Factual Background Michael and William Null, acquitted in 2023 of…

By – Samuel Lopez
America September 19, 2026
Businesses Face Rising ADA Lawsuits Over…

Key Takeaways Website-accessibility litigation is surging, with 432 new digital…

By – Samuel Lopez
America September 19, 2026
Maurene Comey Wants Her Job Back…

Key Takeaways Maurene Comey is challenging DOJ’s argument that Assistant…

By – Samuel Lopez
America September 19, 2026
Agreement Entered Into With Denmark And…

Key Takeaways The Trump administration announced a new Greenland agreement…

By – Samuel Lopez
America September 18, 2026
DC Productions Narrow as HBO Chief…

DC Productions are entering a more selective phase, according to…

By – Jackie Allen
America September 18, 2026
DC Productions Narrow as HBO Chief…

DC Productions are entering a more selective phase, according to…

By – Jackie Allen
America September 18, 2026
Princess Diana Wanted to End Engagement…

Princess Diana wanted to call off her engagement to then-Prince…

By – Jackie Allen
America September 18, 2026
Pentagon Drops 6th Tranche of UAP…

Key Takeaways Among the most extraordinary documents in the Pentagon’s…

By – Samuel Lopez
America September 18, 2026
Pentagon Recognized Religions List Sparks Debate…

A revised Pentagon list of recognized religions in the U.S.…

By – Jackie Allen
America September 18, 2026
Diddy’s Lawyers Seek To Exit $100…

Key Takeaways Attorneys representing Sean “Diddy” Combs have asked a…

By – Samuel Lopez
America September 18, 2026
Nicki Minaj Fights Personal Liability In…

NEW YORK — Nicki Minaj is fighting to remove herself…

By – Samuel Lopez
America September 18, 2026
Uber Ordered to Pay $40 Million…

Uber has been ordered to pay $40 million to the…

By – Jackie Allen
America September 17, 2026
DEA Investigation Into Hayden Panettiere Death…

A DEA Investigation into the death of actress Hayden Panettiere…

By – Jackie Allen
America September 17, 2026
Tyler Perry Plans Puerto Rico Move…

Key Takeaways Tyler Perry says he plans to move to…

By – Samuel Lopez
America September 17, 2026
Blueface Livestream Drama Raises Family Court…

Key Takeaways Repeated livestreams involving Blueface and Nevaeh Akira have…

By – Samuel Lopez
America September 16, 2026
Pentagon Admits Space Weapons Are Already…

Key Takeaways The U.S. has confirmed for the first time…

By – Samuel Lopez
And More September 14, 2026
Sydney Sweeney and Scooter Braun Celebrate…

Sydney Sweeney celebrated her 29th birthday with a public declaration…

By – Jackie Allen
America September 17, 2026
New Balance Sues Decathlon Over Kiprun…

Key Takeaways New Balance claims Decathlon’s mirrored Kiprun “K” logo…

By – Samuel Lopez
America September 17, 2026
OpenAI $1.2T Valuation Talk Headlines Week…

Numbers this large tend to blur into abstraction — until…

By – Tyler Brooks
Breaking News September 17, 2026
Fed Rate Hike Adds to Americans’…

WASHINGTON — A Fed rate hike is adding to Americans’…

By – Michallie Harrison
America September 17, 2026
AI Safety Debate Turns to Synthetic…

Key Takeaways OpenAI’s Hugging Face breach has intensified questions over…

By – Samuel Lopez
America September 17, 2026
America’s Golden Dome Pushes U.S. Missile…

Key Facts The Space Force is developing low-Earth-orbit interceptors intended…

By – Samuel Lopez
America September 17, 2026
State Farm and Allstate File Plans…

Key Takeaways State Farm is proposing a limited return centered…

By – Samuel Lopez
America September 15, 2026
Massachusetts AG Joins 21-State Coalition Suing…

Key Takeaways Massachusetts Attorney General Andrea Campbell has joined attorneys…

By – Samuel Lopez
America September 14, 2026
TMZ Ties Itself to the Hayden…

Key Takeaways TMZ is reporting that law enforcement sources believe…

By – Samuel Lopez
America September 13, 2026
Bayer’s $7.25 Billion Roundup Settlement Faces…

Key Takeaways Bayer’s Monsanto unit will ask a Missouri judge…

By – Samuel Lopez
America September 13, 2026
Tylenol Maker and Pharmacy Chains Ask…

By Samuel López | USA Herald Tylenol maker Kenvue and…

By – Samuel Lopez
America September 13, 2026
Lawyers Are Getting Burned by AI…

Key Takeaways Courts across the country have been sanctioning lawyers…

By – Samuel Lopez
America September 10, 2026
41% of Lawyers Say Legal Careers…

Key Takeaways More than 41% of surveyed lawyers say the…

By – Samuel Lopez
And More September 14, 2026
Sydney Sweeney and Scooter Braun Celebrate…

Sydney Sweeney celebrated her 29th birthday with a public declaration…

By – Jackie Allen
America September 13, 2026
Serena Williams’ Daughters Make History as…

Serena Williams has built one of the most decorated careers…

By – Jackie Allen
America September 13, 2026
KJ Biermann Faces Seven Felony Charges…

KJ Biermann, the 15-year-old son of “Real Housewives of Atlanta”…

By – Jackie Allen
America September 13, 2026
Team USA Reaches Women’s Basketball World…

BERLIN — Team USA advanced to the FIBA Women’s Basketball…

By – Jackie Allen
America September 11, 2026
Bears and RB Swift $33.75M Extension…

Sometimes the best deals get done before the clock even…

By – Tyler Brooks
America September 11, 2026
Skywatchers: Moonshadow Creates Dramatic Blood Moon…

A Moonshadow transformed the night sky Aug. 27 as the…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter