Bang Energy Lawsuit: Monster Beverage Trade Secret & False Marketing Claims

The Monster Beverage Verdict

In 2023, a federal jury in California awarded Monster Beverage approximately $293 million in damages against Bang Energy's parent company VPX Sports in a landmark trade secret and false advertising case. Monster alleged that Bang's founder Jack Owoc misappropriated trade secrets from Monster through a former employee, used them to develop Bang's formulations, and that VPX made false advertising claims about Bang's performance benefits.

The verdict -- one of the largest ever in a beverage industry lawsuit -- was financially devastating for VPX. The company subsequently filed for Chapter 11 bankruptcy in late 2023, citing the judgment as a primary cause. Monster has pursued recovery through the bankruptcy proceedings.

The 'Super Creatine' Consumer Claims

Parallel to the Monster litigation, consumer class actions challenged Bang's flagship marketing claim -- that Bang energy drinks contain 'Super Creatine,' a proprietary creatine compound that provides the documented benefits of creatine supplementation. Plaintiffs alleged that Bang's 'Super Creatine' is actually creatyl-L-leucine, a compound not demonstrated to convert to usable creatine in the human body, and that Bang marketed it with benefit claims unsupported by credible evidence.

Creatine is a well-studied supplement shown to improve strength and athletic performance. Bang's marketing drew on consumers' familiarity with creatine to imply Bang's proprietary compound provided the same documented benefits. Plaintiffs argued this was false -- Super Creatine is not creatine and does not provide those benefits. Related: Celsius energy drink false advertising settlement.

Bang's Bankruptcy and Its Impact on Claims

VPX Sports' bankruptcy filing in late 2023 complicated the consumer class action claims. When a company files for bankruptcy, most civil litigation against it is automatically stayed pending the bankruptcy proceeding. Consumer creditors -- including class action plaintiffs -- become creditors in the bankruptcy and must file proofs of claim to participate in any distribution.

The Bang brand was subsequently sold as part of the bankruptcy proceeding. The new owner of the Bang brand acquired the business, potentially without inheriting all pre-bankruptcy liabilities depending on the bankruptcy sale structure. Class action plaintiffs have contested the scope of liability released in the bankruptcy sale.

Who May Have Claims

Consumers who purchased Bang energy drinks specifically based on the Super Creatine claims -- and who paid a premium because of these performance marketing representations -- may have class action claims. The bankruptcy complicates recovery: class members should file proofs of claim in the VPX bankruptcy if they have not already done so. Related: Fairlife Lawsuit.

Status 2026

The Monster judgment is being administered through the VPX bankruptcy. The Bang brand continues under new ownership. Consumer class action claims are being addressed through the bankruptcy process. Consult a consumer protection attorney about the current status of claim filing deadlines in the bankruptcy.

How to Get Legal Help

If you believe you qualify based on the eligibility criteria described above, the next step is a free consultation with an experienced attorney. Most plaintiff-side attorneys handling these cases work on contingency -- meaning you pay nothing unless your case results in a recovery. Bring any relevant documentation including receipts, correspondence, or evidence of the harm you experienced.

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