MIAMI (Legal Newsline) – Two consumers allege a brand of sports energy drinks misrepresents they contain "potent" amounts of ingredients that benefit the brain and body.
Tiffany Nguyen and William Muscara filed a complaint on behalf of themselves and all others similarly situated on Jan. 30 in the U.S. District Court for the Southern District of Florida against Vital Pharmaceuticals Inc., doing business as VPX Sports, alleging unjust enrichment, breach of express warranty and other counts.
According to the complaint, the defendant manufactures and sells Bang-branded caffeinated and noncaffeinated sports energy drink products.
"Defendant advertises and markets Bang in a uniform and systematic misleading manner designed to lure consumers into purchasing Bang by misrepresenting that Bang contains 'potent' ingredients, when in reality, they are present, if at all, in minimal doses which are so low to be ineffective or not capable of delivering the claimed benefits," the suit states.
The plaintiffs hold Vital Pharmaceuticals Inc. responsible because the defendant allegedly misled consumers into believing the products contained "potent" ingredients when they do not.
The plaintiffs request a trial by jury and seek judgment against defendant for compensatory damages, interest, attorneys’ fees, injunctive and declaratory relief, costs of action and any other relief as the court deems just. They are represented by Jason R. Alderman, Kristy M. Johnson and Troy A. Tolentino of The Alderman Law Firm in Miami Shores, Florida and by Charles E. Schaffer of Levin Sedran and Berman in Philadelphia, Pennsylvania.
U.S. District Court for the Southern District of Florida case number 0:19-cv-60261