Litigation Attrition Tactics in the Energy Drink Category

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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.

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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.