The jury awarded Monster $271,924,174 for the Lanham Act claim — the full amount Monster asked for — and awarded only slightly less than what Monster sought on the state law claims. Earlier in the week, Monster asked the jury for a total of $297 million.
Under the Lanham Act, the court can order disgorgement of ill-gotten profits as well as an award of treble damages, which is typically premised on a finding of willfulness. U.S. District Judge Jesus Bernal oversaw the trial and will rule on any enhanced damages and disgorgement at a later date.
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.
