FOLLOW US

Sun

August 23, 2026

America February 28, 2023 3 mins read

Monster Energy Demands Additional $167M from VPX in False Advertising Lawsuit

America ı By Samuel Lopez

0 Comments

Untitled

(USA Herald) - Monster Energy, a leading energy drink brand, is seeking an extra $167 million in damages in its lawsuit against competitor Vital Pharmaceuticals Inc. (VPX) over false advertising claims. Monster has already won a behemoth $293 million verdict, which is the largest in Lanham Act history. Monster Energy has argued that the illicit profits gained by VPX belong to them, and they are entitled to compensation for lost profits and ongoing damages.

In its recent court filing, Monster Energy has requested that VPX pay $77.4 million in unjust profits and $56 million in enhanced damages. Monster is also seeking $6 million in punitive damages and around $28 million in attorney’s fees and costs. Monster Energy is asking the court to order VPX to disgorge its profits because the jury found their false advertising claims to be "willful and deliberate."

Disgorgement is a legal recourse that compels a party who has benefited from unlawful or illicit actions to surrender any gains they made as a consequence of such conduct. The purpose of this remedy is to deter unjust enrichment and render illicit activities unprofitable.

The verdict against VPX came in September 2022 when a jury found that the company falsely advertised the "super creatine" ingredient in their energy drink Bang. The jury also ruled in Monster Energy's favor on several state law claims, including that VPX stole trade secrets and interfered with Monster's contracts. VPX waived its right to have the jury decide on potential punitive damages, allowing the trial judge to do so after briefing on the issue. VPX appeared to be more inclined to put itself at the mercy of the court rather than endure further rebuke from the jury.

Monster Energy is now seeking enhanced damages of $56 million to account for the lost profits it has suffered since April 2022 when VPX sales data was last available. Monster alleges that VPX has continued to falsely advertise Bang and has profited from those sales, and they are entitled to compensation until VPX's false advertising is enjoined.

Additionally, Monster Energy has asked for approval of around $21 million in attorney fees and costs of approximately $6.7 million. VPX has since filed for Chapter 11 protection in Florida. Monster Energy is taking the lead in advocating for the establishment of a committee to represent non-trade creditors in the bankruptcy case.

This is VPX’s second nine-figure court loss to Monster Energy in 2022, and in 2021, VPX lost trade dress claims following a trial over claims that Monster copied Bang's design with a "knockoff" version called Reign.

This case is sure to heat up in the coming months, and Samuel Lopez, a reporter for USA Herald, will be closely monitoring the case's developments. The outcome of this case could have significant implications for the energy drink industry, and it may set new precedents for how companies advertise and promote their products.

 

Previous Article

Virginia Teacher Awarded $5 million in Damages After Sexual Abuse Charges Dismissed

Read More
1710 Posts

Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

Discussion

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

Don’t Miss It
America August 21, 2026
Publix Blueberry Recall Escalates to FDA’s Highest Danger Rating
By – Rihem Akkouche
Breaking News August 21, 2026
Tyler Duckworth, ‘The Challenge’ Champion, Dies…

 The two-time MTV winner had been in front of an…

By – Ramzi Salem
High Profile Court Cases August 21, 2026
Alex Jones’ $45M Punitive Award Cut…

AUSTIN, Texas — The Texas Third Court of Appeals cut…

By – Michallie Harrison
High Profile Court Cases August 21, 2026
Pawleys Island School Closes After Sex-Offender…

PAWLEYS ISLAND, S.C. — Pawleys Island Christian Academy has closed…

By – Michallie Harrison
America August 21, 2026
Eric Swalwell Faces FBI Search as…

WASHINGTON — Former congressman Eric Swalwell is facing an escalation…

By – Jackie Allen
High Profile Court Cases August 20, 2026
Austin Metcalf’s Racist History Kept From…

MCKINNEY, Texas — Jurors who rejected Karmelo Anthony’s self-defense claim…

By – Michallie Harrison
America August 20, 2026
Ilja Dragunov Departs From WWE, Closing…

A wrestler once billed as “the Mad Dragon” has slipped…

By – Rihem Akkouche
America August 20, 2026
Ilja Dragunov Departs From WWE, Closing…

A wrestler once billed as “the Mad Dragon” has slipped…

By – Rihem Akkouche
America August 20, 2026
Comcast $117.5M Settlement Clears Final Hurdle…

A data breach that touched more than 31 million lives…

By – Rihem Akkouche
America August 20, 2026
Mitsubishi Electric to Acquire PCI Energy…

Mitsubishi Electric Corp. just planted a much bigger flag in…

By – Rihem Akkouche
America August 20, 2026
ISIS New York Capitol Attack Plot…

A plan authorities describe as both deliberate and deeply dangerous…

By – Rihem Akkouche
America August 20, 2026
KKR’s $9B UGI Bid Headlines a…

Wall Street’s rumor mill never really sleeps, but this week…

By – Rihem Akkouche
America August 20, 2026
Slayer’s Law Blocks Nick Reiner From…

The Slayer’s Law more commonly called a “slayer statute,” has…

By – Jackie Allen
America August 20, 2026
Slayer’s Law Blocks Nick Reiner From…

The Slayer’s Law more commonly called a “slayer statute,” has…

By – Jackie Allen
America August 20, 2026
Bitcoin Twins See Bitcoin’s $65,000 Level…

The Bitcoin Twins, Cameron and Tyler Winklevoss, are once again…

By – Jackie Allen
America August 19, 2026
Hayden Panettiere Death Investigation Heats Up…

 Police Seek Answers in Panettiere’s Final Hours A Death Investigation…

By – Jackie Allen
America August 18, 2026
Hayden Panettiere Remembered for her Acting…

Hayden Panettiere, the former child star who became internationally known…

By – Jackie Allen
America August 18, 2026
Penn State Cocaine Ring Used Pledges,…

HARRISBURG, Pa. — Fourteen people face charges in an alleged…

By – Michallie Harrison
America August 18, 2026
Homewrecker Lawsuit Puts North Carolina’s Rare…

Former Sen. Kyrsten Sinema is at the center of a…

By – Jackie Allen
America August 20, 2026
Robin Williams’ Children Reactivate His Instagram…

Inside This Report Zak, Zelda, and Cody Williams have relaunched…

By – Samuel Lopez
America August 19, 2026
Christian Metal Band Demon Hunter Declares…

INSIDE THIS REPORT Christian metal band Demon Hunter has sued…

By – Samuel Lopez
America August 19, 2026
Judge Removed After Saying Jury “Got…

INSIDE THIS REPORT A visiting judge removed Judge John Roach…

By – Samuel Lopez
America August 19, 2026
Did the Government Just Admit It…

INSIDE THIS REPORT Avi Loeb says government sources asked him…

By – Samuel Lopez
America August 19, 2026
Eight Years After Elon Musk Shot…

Key Takeaways Elon Musk’s Tesla Roadster has been traveling through…

By – Samuel Lopez
America August 19, 2026
A Near-Total “Blood Moon” Will Light…

Key Facts A deep partial lunar eclipse will be visible…

By – Samuel Lopez
America August 16, 2026
Perez Hilton’s Mother Seeks Temporary Custody…

By Samuel López | USA Herald Perez Hilton’s family has…

By – Samuel Lopez
America August 13, 2026
Taylor Farms Jalapeño Recall Salmonella Scare…

A single shipment of peppers has set off a chain…

By – Rihem Akkouche
America August 12, 2026
Heat Dome Brings Dangerous Temperatures Across…

A powerful Heat dome is expanding across the United States,…

By – Jackie Allen
America August 8, 2026
Joe Biden: Hunter Says the Prostate…

Former President Joe Biden is experiencing a worsening battle with…

By – Jackie Allen
America August 1, 2026
Stormed the Border: Spain Says 25,000…

CEUTA, Spain (AP) — Spanish authorities say thousands of migrants…

By – Jackie Allen
Breaking News July 29, 2026
Trump Ends Medicare Part D Subsidy,…

The Trump administration is ending a Medicare Part D subsidy…

By – Michallie Harrison
America August 17, 2026
Von Miller Cowboys Contract Brings Future…

Some homecomings happen quietly. This one came with a social…

By – Rihem Akkouche
America August 14, 2026
White House Denies Role in Josh…

LOS ANGELES — The White House is denying any role…

By – Michallie Harrison
America August 13, 2026
Prichard Colon Death: Once-Unbeaten Boxer Dies…

Prichard Colon never threw another punch after that October night…

By – Rihem Akkouche
America August 13, 2026
Tiger Woods and Nike: 27-Year Partnership…

Tiger Woods built one of the most lucrative athlete-brand partnerships…

By – Jackie Allen
America August 12, 2026
209 Triple-Doubles, Two Offers Declined: Russell…

There were two NBA teams ready to hand Russell Westbrook…

By – Rihem Akkouche
America August 11, 2026
Part 2. Archbald Faces Big Expansion…

In Archbald, Pennsylvania, a community of roughly 7,000 residents, the…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter