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.
