BANG Energy Class Action Says Drinks Don’t Provide ‘Body-Rocking Fuel’

BANG energy drinks don’t contain sufficient amounts of its so-called “brain & body-rocking fuel” to make a difference for consumers, according to a class action lawsuit.

Lead plaintiffs Tiffany Nguyen and William Muscara allege in their class action lawsuit that Vital Pharmaceuticals misrepresents the ingredients of BANG, luring consumers into purchasing the product that fails to deliver the promised benefits.

“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,” alleges the BANG energy drink class action lawsuit.

The plaintiffs, who are California and Pennsylvania residents, say that they and other consumers were misled into purchasing BANG energy drinks based on false claims that the beverage contained “the highest quality ‘potent brain & body-rocking fuel: Creatine, Caffeine, CoQ10 & BCAAs (Branched Chain Amino Acids).’”

The drink is sold separately as well as in various packs. It comes in a number of flavors, including Cotton Candy, Lemon drop, and Root Beer.

According to the BANG website, the drink is made from “raw materials” formulated in “state of the art laboratories.” Vital Pharmaceuticals indicates BANG contains Creatine, BCAAs, and CoQ10 both on the rim of the beverage and on the nutritional label, according to the BANG class action lawsuit.

“Contrary to these clear and identical product representations, BANG does not contain ‘SUPER’ Creatine or ‘ULTRA’ Coenzyme Q10, or the amounts contained therein are minimal,” contends the BANG energy drink class action lawsuit. “Nor does it contain the spectrum of Branched Chain Amino Acids in any ‘potent’ amount sufficient to deliver any purported benefits to consumers.”

Vital Energy has not only misled consumers, alleges the BANG energy drink class action lawsuit, it has also violated the Food Drug and Cosmetic Act by including false and misleading statements on its labels.  The company has also violated state consumer protection laws, according to the plaintiffs.

“Defendant knows that consumers are willing to pay more for sports and energy products that contain ‘SUPER’ Creatine, ‘ULTRA’ CoQ10, and Branched Chain Amino Acids, as opposed to those that do not, in part because the listed ingredients are valuable and desired for these consumers, the quality is higher, and consumers believe they are paying costs associated with higher quality ‘potent,’ ‘SUPER,’ and ‘ULTRA’ ingredients,” alleges the class action lawsuit.

The Bang energy drink class action lawsuit seeks to represent a nationwide Class of consumers who purchased BANG in the United States. The plaintiffs also seek to represent subclasses from California and Pennsylvania.

The plaintiffs are represented by Jason R. Alderman and Kristy M. Johnson of The Alderman Law Firm and Charles E. Schaffer of Levin Sedran & Berman.

The BANG Energy Drink Class Action Lawsuit is Nguyen, et al. v. Vital Pharmaceuticals Inc., Case No. 0:19-cv-60261-DPG, in the U.S. District Court for the Southern District of Florida.