Bang Energy

Bang Energy is an American brand of energy drinks made by Vital Pharmaceuticals, a corporation located in Florida. As of 2023, Bang was the fourth-highest-selling energy drink in the United States, behind Monster, Red Bull and Celsius.[1]

On July 31, 2023, Monster Beverage acquired Vital Pharmaceuticals for $362 million. Including the Bang Energy brand and a beverage facility in Phoenix, Arizona, the deal came months after the company filed for Chapter 11 bankruptcy protection.[2]

History

Founded in 1993 by Jack Owoc, Bang's parent company manufactured and distributed sports supplements and performance beverages under the brand name VPX. Other products distributed by Vital included Redline, Noo Fuzion, and Meltdown.[3]

Legal issues

Vital Pharmaceuticals was sued by competing energy drink manufacturer Monster Beverage, who alleged that Vital engaged in consumer deception and anti-competitive business practices. Vital countersued, alleging that Monster infringed their copyright by use of similar trade dress.[36][37]

In a separate lawsuit, Monster Beverage and Orange Bang sued Vital Pharmaceuticals for trademark infringement. Orange Bang previously sued Vital Pharmaceuticals in 2009, and the two companies settled the next year, with restrictions placed on Vital Pharmaceuticals' use of the Bang trademark, limited to "creatine-based" drinks and products sold exclusively at fitness venues such as gyms. The introduction of the "Bang Energy RTD" drink infringed on this settlement, as it contained "Super Creatine". The suit found that "Super Creatine" was not actually creatine, and did not raise the body's creatine levels. The trademark case was ruled in favor of Monster and Orange Bang by an arbitrator, with Vital Pharmaceuticals owing $175 million in damages.[38][39] Monster later won a false-advertising case regarding Bang's 'Super Creatine' supplement, and was awarded $293 million.[40]

The company was sued by Sony Music in October 2021, claiming that Bang Energy's social media platforms were infringing their copyright by using their music without licensing it.[41]

In August 2022, the estate of musician Prince won a lawsuit against Bang Energy for their usage of the "Purple Rain" trademark.[42]

Vital Pharmaceuticals engaged in legal action with PepsiCo for alleged misconduct and foul play. After terminating their exclusive distribution agreement with PepsiCo, Bang alleged that PepsiCo was misrepresenting itself as the exclusive distributor of their products, and threatened lawsuits against suppliers and distributors who did not purchase Bang products directly from them.[43] An emergency arbitrator ruled in December 2020 that Pepsi remains the exclusive distributor of Bang.[10] Bang and PepsiCo mutually transitioned from their exclusive distribution agreement in June 2022, with then-CEO Jack Owoc claiming that "all disputes with PepsiCo have been fully settled and resolved".[11]

producttype	Energy drink
producedby	Vital Pharmaceuticals (2012–2023) Monster Beverage (2023–present)
country	United States
introduced	2012
tagline	Fuel Your Destiny!

History

Products

Legal issues

External links

References