Litigation Attrition Tactics in the Energy Drink Category

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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.

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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.