Vital Pharmaceuticals, manufacturers of BANG Energy, brought an advertising complaint against competitor Monster Energy in the Southern District of Florida Wednesday. Vital alleges that Monster falsely advertises its energy drink products, saying that they are actually energy-draining.
“VPX brings this action to confront..Monster ’s decades of wanton malevolence, including (i) unfairly competing and falsely advertising the nature and attributes of its products, (ii) continuing to wreak grievous physical harm upon consumers by ignoring reports of that its products are hazardous, even potentially lethal, (iii) abusing judicial and arbitral process es as an anticompetitive tactic, and (iv) rank “trademark bullying,” the complaint said.
The plaintiffs take issue with the way Monster’s beverages are advertised, associating their brand with high-performance athletes and language suggesting that Monster products will energize consumers; Vital says that these are misrepresentation that go beyond mere puffery .
“Monster should not be permitted to perpetuate false information about the M-Claw and other Monster product SKUs. VPX brings this action to prevent Monster from continuing to do so and requests Monster’s adverse conduct to immediately cease,” reads VPX’s complaint.
VPX is seeking redress for Lanham Act false advertising, Florida trade practices law, and common law unfair competition They seek damages, including lost profits, and an injunction. VPX is represented by in-house counsel.
