Not Enough Bang for Your Buck: Class Action Claims BANG Energy Drinks Are Deceptively Labeled

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Vital Pharmaceuticals, Inc., which operates as VPX Sports, has been hit with a proposed class action that claims the company’s BANG sports and energy drink products are deceptively labeled. The drinks, according to the lawsuit, purport to contain “SUPER” creatine, “ULTRA” Coenzyme Q10, and branched chain amino acids. The case argues that in reality, however, these ingredients are not present in amounts sufficient enough to provide “any benefits to consumers” and might as well be left out of the products entirely.

The suit claims VPX Sports advertises its BANG energy drinks as a “potent brain & body-rocking fuel” that provides the benefits associated with “Creatine, Caffeine, CoQ10 & BCAAs (Branched Chain Amino Acids).” What consumers don’t know, the lawsuit alleges, is that the products are unable to produce the promised effects because they contain “insufficient or nugatory amounts” of the advertised ingredients.

According to the lawsuit, consumers are deceived by the defendant’s marketing and labeling into paying a premium price for BANG energy drinks as opposed to alternative products that do not contain the ingredients at issue. From the complaint:

“Defendant knows that consumers are willing to pay more for sports and energy products that contain ‘SUPER’ Creatine, ‘ULTRA’ CoQ10, and Branched Chain Amino Acids, as opposed to those that do not, in part because the listed ingredients are valuable and desired for these consumers, the quality is higher, and consumers believe they are paying costs associated with higher quality ‘potent,’ ‘SUPER,’ and ‘ULTRA’ ingredients.”

Despite its premium price tag, BANG “is not what it claims to be,” the suit says, and has unjustly enriched VPX Sports at consumers’ expense.