Monster secures more than $300m in energy drinks row
Beverage giant filed a successful lawsuit alleging that its rival had perpetuated false and unsupported claims | Pharma company now faces permanent injunction as well as substantial damages.
Monster Energy has enhanced its multi-million dollar win against Vital Pharmaceuticals, bringing its total damages verdict to a sum in excess of $300 million.
The US District Court for the Central District of California, presided over by Judge Jesus Bernal, handed down the latest decision in this long-running legal battle on Friday, October 6.
Case background
The case dates back to September 2018, when Monster filed a lawsuit against Vital Pharmaceuticals, alleging that it had perpetuated false and unsupported claims that its Bang energy drinks contain ingredients that it does not have, and provides benefits that it does not generate.
Vital Pharmaceuticals then filed a trademark lawsuit against Monster in Florida, accusing it of copying the packaging of its ‘Reign’ energy drinks in a trade dress and trademark infringement dispute—which was later dismissed in August 2023.
In September 2022, a jury found that Vital had engaged in false advertising and awarded Monster $271,924,174 in damages, plus additional damages for trade secret misappropriation.
A few months later, Monster filed a motion for permanent injunction to enjoin Vital’s false advertising of “super Creatine” and “creatine”—which was granted in April 2023.
Permanent restrictions
Vital Pharmaceuticals has been ordered to permanently identify and secure Monster's trade secrets in their possession, and is forbidden from revealing or using these trade secrets.
On Friday, the court ordered Vital to pay further costs, principally attorneys' fees totalling $20,972,953.90 and $6,709,552.18 for various claims.
Vital Pharmaceuticals are now under permanent restrictions—it can't put VPX products in retail spaces already contracted by Monster, take Monster products from these spaces, or hide Monster products. It is also prohibited from persuading retailers and employees to do this.
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