Shots Fired Against BANG Energy Drink For Misleading Marketing Of Ingredients
The manufacturer of popular energy drink products under the brand name “BANG” has been sued in federal court as part of a class action complaint that alleges it has marketed its products in a “systematically misleading manner.” More specifically, it has been alleged that manufacturer VPX Sports, a Florida corporation, is misrepresenting that its products contain “potent” ingredients that are not present whatsoever or, in the alternative, the doses are so low as to be ineffective.
The whole case mainly revolves around a claim made by VPX Sports that its products contain a “potent brain and body-rocking fuel: Creatine, Caffeine, CoQ10 & BCAAs (Branched Chain Amino Acids).”
There are a few big problems. Plaintiff’s lawyers say that they tested the products and they do not contain Creatine, the first ingredient listed in the brand’s “potent brain and body-rocking fuel.” They also claim that there is no presence of CoQ10. Further, the lawyers state that a very trace amount of a single Branched Chain Amino Acid (Leucine) — in the amount of .09g — was found within the products. Other BCAAs were not present.
“The difference between the Products as promised and the Products as sold is significant,” says the Complaint. “The lack and reduction of benefits provided to consumers by the Products diminishes the actual value of the Products.”
The Plaintiff, on behalf of himself and any other class members, also claims that he would not have bought the products, or at least would have paid much less for the products, had it been known that the products did not contain the ingredients as advertised.
Counts in the lawsuit are for violation of state consumer fraud acts, violation of the Illinois Consumer Fraud Act, breach of express warrant and unjust enrichment. The demand includes a request that all or part of the ill-gotten profits received from the sale ofthe products be disgorged.