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.
