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The jury also found that VPX is liable for potential punitive damages on the state law claims. Following the verdict, VPX attorney David P. Muth of Quarles & Brady LLP waived the company's right to have the jury decide the punitive damages in favor of allowing Judge Bernal to do so following briefing on the issue.

Bang Energy went from an obscure company facing financial ruin in 2015 to the No. 3 energy drink company in the United States within a few short years, according to evidence presented at trial. But Monster convinced the jury that Bang's meteoric rise was due largely to the false advertising of super creatine, which Bang touted as offering enormous health benefits.

Monster hinged its false advertising damages theory on a survey that found about one in five cans of Bang sold would go to Monster beverages if super creatine were removed or if Bang buyers were more informed about the amount of super creatine in each can.

The survey concluded Monster lost $271.9 million in profits since 2015 due to the false advertising of super creatine, while Bang made $173 million in profits.

According to Monster's 2018 lawsuit, super creatine offers none of the benefits of traditional creatine, which bodybuilders and athletes take to enhance performance and muscle strength and is believed to improve brain function. Creatine is not water-soluble and is generally sold in powder form, but Vital claimed to have solved the problem in 2015 with the water-soluble super creatine it puts in Bang, according to Monster.

Owoc is the founder, CEO and sole owner of Bang, and much of the trial focused on his own statements in social media videos and other posts about the wonders of super creatine, which included his saying it can help people suffering from Parkinson's disease and Alzheimer's, as well as build muscle and improve overall brain function.

Monster alleged these statements were key to Bang's success because the company never used traditional advertising such as television or magazine ads, but rose to prominence through social media as well as direct marketing pitches to retailers and distributors that were laced with false claims about super creatine.

No studies were ever shown to the jury by Bang backing up its past claims about the benefits of super creatine, while studies conducted by Monster and presented to the jury concluded super creatine is a useless ingredient that does not increase creatine levels in the body.

Computer programmer Brent Tuominen served as the jury's foreperson and said the jurors felt that super creatine was the equivalent of creatine.