Deceptive Advertising

September 2022

Monster Energy v. Vital Pharmaceuticals LLC/Bang Energy

$293 million award for Monster Energy.

Monster Energy alleged that Vital Pharmaceutical’s Bang Energy drinks’ “Super Creatine” claim misled consumers into believing nonexistent health benefits existed.

Voluble assisted a marketing expert who conducted a social media analysis into Bang Energy’s own Instagram posts, influencer campaigns, retailer website messaging, consumer comments, and customer reviews. Voluble’s analysis established the link between Bang’s use of the term “Super Creatine” in its social media campaigns and consumers’ mistaken beliefs about the product and was instrumental in earning Monster a $293 million award.