LOS ANGELES, May 15, 2019 /PRNewswire/ -- Monster Energy hailed a decision by a Dutch Court that imposed a European Union-wide ban on the sale and promotion of BANG energy drinks on the grounds that BANG's advertising misleads and deceives consumers. This case was brought by Monster Energy's European subsidiary. The Court also emphasized that so-called "Super Creatine," which BANG claims is in its U.S. drinks, is not permitted in the E.U. because Super Creatine is not authorized for use in foods. This follows action by the United Kingdom's Food Standard Agency declaring that "Super Creatine" is an unlawful food ingredient.
Among other things, the E.U. Court ruled that BANG's marketing of drinks containing L-Arginine was "misleading" and an "unfair commercial practice." BANG touts "L-Arginine" as a key ingredient for muscle growth, but does not declare that it only contains negligible amounts. The Court found that a consumer would have to drink more than 200 cans per day for a period of 45 days to receive any scientifically significant muscle growing benefit from L-Arginine.
The Dutch case follows a case filed by Monster in the United States District Court in California, which alleges that the maker of BANG energy drinks and its CEO, John "Jack" Owoc, have engaged in extensive misconduct. Among other things, the Federal lawsuit alleges false and deceptive advertising and identifies Owoc's numerous unsubstantiated and misleading claims about so-called Super Creatine and points out that there is no creatine in BANG at all. The Federal lawsuit remains pending.
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