Consumer alleges BANG sports drink contains minimal amount of creatine

By Noddy A. Fernandez | Nov 30, 2018

MIAMI (Legal Newsline) – A sports and energy drink product is alleged not to contain the ingredients advertised by its manufacturer.

Shirley St. Fort-Nwabuku filed a complaint on Nov. 19 in the U.S. District Court for the Eastern District of California against Vital Pharmaceuticals Inc., doing business as VPX Sports, alleging unjust enrichment and other counts.

According to the complaint, VPX represents that its BANG product contains creatine, CoQ10 and branched chain amino acids

However, the plaintiff alleges that contrary to the product representation, BANG does not contain creatine or coenzyme Q10, "or the amounts contained therein are minimal. Nor does it contain the spectrum of branded chain amino acids in any 'potent' amount sufficient to deliver any benefits to consumers."

The plaintiff holds Vital Pharmaceuticals Inc. responsible because it allegedly misled consumers into believing the products contain ingredients they did not and received financial benefits from inflated sales.

The plaintiff requests a trial by jury and seeks damages, costs, disbursements, reasonable allowances for the fees, counsel and experts, and reimbursements of expenses, injunctive and declaratory relief, and such other and further relief the court deems just and equitable. She is represented by Lance A. Harke and Tammi A. Calarco of Harke Law LLP in Miami Shores, Florida.

U.S. District Court for the Eastern District of California case number 0:18-cv-62823-RNS

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Harke Law LLP U.S. District Court for the Southern District of Florida

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