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Monster Beverage Corporation has successfully defended its $311 million legal victory against Bang Energy and its founder Jack Owoc, after the U.S. Court of Appeals for the Ninth Circuit upheld a previous trial court ruling this week. The decision marks the final chapter in a high-profile legal battle that has reshaped the energy drinks landscape.


The appeal, brought by Owoc and Vital Pharmaceuticals (Bang Energy's parent company), challenged the exclusion of certain evidence during the original California federal trial—namely, claims that Monster had engaged in its own alleged misleading marketing and competitive tactics. The Ninth Circuit rejected these arguments, affirming that the original jury decision was properly reached and supported by sufficient evidence.


Monster originally filed suit in 2018, accusing Bang Energy of engaging in false advertising by promoting its product as containing "Super Creatine" and claiming it could deliver medical benefits, including treating neurological conditions such as Alzheimer’s and Parkinson’s. A jury sided with Monster in 2022, finding the claims misleading and awarding $293 million in damages—an amount that later grew to over $311 million with legal costs and interest. A California court also permanently barred Bang from marketing its drinks using the “Super Creatine” label.


The case gained further commercial significance when Monster acquired the bankrupt Bang Energy business in 2023 for $362 million, following the damages award. The acquisition effectively consolidated Monster’s position in the highly competitive U.S. energy drinks category.


Commenting on the appeals court ruling, Monster’s legal counsel Allison Libeu of Hueston Hennigan stated the decision “recognizes that the trial court’s rulings were plainly correct and that the jury’s unanimous verdict in favor of Monster is amply supported.”


Owoc’s legal team has said they are currently reviewing the opinion and considering next steps.


Case reference: Monster Energy Co v. Vital Pharmaceuticals Inc d/b/a VPX Sports, 9th U.S. Circuit Court of Appeals, No. 23-55451.

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Legal

Monster Beverage Secures Appeals Court Win in $311M False Advertising Case Against Bang Energy

Monster Beverage Secures Appeals Court Win in $311M False Advertising Case Against Bang Energy
News
News
April 16, 2025
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