Bang Energy Drink Class Action Lawsuit Filed Over False Statements
A class action lawsuit filed against the makers of Bang energy drinks claims that independent testing found almost none of the ingredients advertised in ads or on the cans themselves.
The complaint (PDF) was filed by Kuumba Madison in the U.S. District Court for the Northern District of California on October 15, naming Vital Pharmaceuticals, Inc., doing business as VPX Sports, as the defendant. It seeks class action status to pursue damages on behalf of all purchasers of Bang energy drinks.
According to the lawsuit, advertisements for Bang products are misleading, because they claim it contains “potent” levels of creatine, branched chain amino acids (BCAAs) and coenzyme Q10.
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Learn MoreHowever, Madison’s lawsuit indicates that testing commissioned by his attorney revealed that there was no creatine to be found in Bang. The same testing found absolutely no Coenzyme Q10, and only .09 grams of one branched chain amino acid; Leucine.
“Plaintiff and the Classes purchased and consumed the Products because they believed, based on the misleading product label and the information on Defendant’s website, and identical misleading information listed on vitaminshoppe.com and other retailers’ websites that the Products contained the ingredients stated on the Products’ labeling and moreover that the Products contained them in dosages that were ‘POTENT’ as claimed both on the front of the Products’ label, as well as on the back,” the lawsuit states. “Plaintiff and Class Members were, in fact, misled by Defendant’s representations regarding the true nature of the Products’ ingredients, efficacy, and value.”
The Bang energy drink lawsuit indicates that neither the plaintiff nor the other class members would have purchased, or paid as much for, the products had they known they did not contain the ingredients claimed in ads and on the cans themselves.
The class action lawsuit presents claims that Bang energy drinks violate California’s unfair competition law, the state’s false advertising laws, and the Consumer Legal Remedies Act, and also includes claims of breach of warranty, and breach of express warranty.
The lawsuit comes at a time of heightened concern over the safety of energy drinks and an ongoing debate about whether companies should be forced to reveal their ingredients. Many are labeled as dietary supplements, which means they do not have to provide a nutritional label or ingredient list.
Energy Drink Health Concerns
Although products like Monster Energy, Red Bull, Rockstar and other beverages have become very popular among teens and young adults in recent years, a number of studies have found that consumption of only a couple energy drinks over a several week period can cause increased blood pressure and heart arrhythmia, which can cause long-term heart problems.
In March 2017, a study conduced by Australian researchers linked caffeinated energy drinks to heart problems that can cause rapid, irregular heartbeats in some consumers. The effects could result in fainting, seizures and even sudden death, the researchers warned.
A study published in April 2017 in the Journal of the American Heart Association indicated that those who consumed energy drinks experienced abnormal heart rhythms and prolonged elevated blood pressure, saying that the risks of energy drinks were different than just consuming caffeine alone.
According to the findings, two hours after consuming the drinks, those who were given the energy drink showed changes in the QT intervals of the heart, which affects the heart’s rhythm. Those changes were not seen in caffeine drinkers.
In March 2016, the American Heart Association warned that the overuse of energy drinks could cause increased heart problems including heart attacks, sudden cardiac arrest and other potentially life-threatening complications.
Another study published in the Journal of the American Medical Association (JAMA) in November 2015, found that consuming just one can of Rockstar energy drink led to an increased risk of heart problems and high blood pressure among young, healthy adults.
The FDA is currently investigating health concerns surrounding the drinks, after a number of adverse event reports were submitted in recent years connecting energy drinks to severe injuries and deaths.
According to information released in 2012, at least 37 adverse event reports had been received by the FDA involving health problems from Monster Energy drinks, including at least six deaths.
Amid aggressive marketing by the manufacturers, energy drink sales increased 240% between 2004 and 2009, and the number of caffeine overdose emergency room visits increased from 1,128 in 2005 to 16,055 in 2008. Approximately 56% of those visits involved individuals between the ages of 12 and 25 years.
In recent years, a number of energy drink lawsuits have been filed on behalf of otherwise healthy young adults who suffered sudden heart problems within hours after drinking the beverages, alleging that the manufacturers placed their desire for profits before the safety of consumers.
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10 Comments
JacaiJuly 11, 2023 at 12:50 pm
To Jon the Truck Driver. I am also a truck driver and I drink this during my shift, but only one per shift. If you need three of these to make it through your shift, you're experiencing dependency. The daily recommended limit for caffeine is about 400mg. One can of Bang has 300mg of caffeine, alone. You cannot continue to consume nearly twice the daily recommended intake and not expect adverse sid[Show More]To Jon the Truck Driver. I am also a truck driver and I drink this during my shift, but only one per shift. If you need three of these to make it through your shift, you're experiencing dependency. The daily recommended limit for caffeine is about 400mg. One can of Bang has 300mg of caffeine, alone. You cannot continue to consume nearly twice the daily recommended intake and not expect adverse side affects. I hope you find other means to supplement your energy. I've been weening off the drink and don't even use it some nights now. Better diet and exercise can also fix your energy level. Good luck out there, Driver! Stay safe!
JeremyJune 30, 2023 at 10:45 pm
I want in on this lawsuit I have purchased thousands of dollars on these drinks and I feel like we should be paid back for not getting what we paid for
MichaelDecember 19, 2022 at 12:38 am
Whoa I'm So Sick of Being Lied To.
RobertNovember 18, 2022 at 3:26 pm
What a shame I was being lied to for over a year now. I thought coq9 and 10 were good for the heart and they just lied don't ad it in? Shame
JonNovember 11, 2022 at 4:50 pm
I’m a truck driver and drink 3 of these a night, when I get home my heart is hurting and stomach making weird sounds. Glad I seen this.
JenniferOctober 28, 2022 at 3:31 pm
The drink it self will not cause a seizure, else there is something in it that is messing with his/her medication or they should not drink a high dose of caffeine. The Bang was suppose to be a healthy alternative to Monster Energy Drinks, that is the only reason for the law suit. I think the company needs to be fined and the product should be fixed to be what they say it is or be taken off the [Show More]The drink it self will not cause a seizure, else there is something in it that is messing with his/her medication or they should not drink a high dose of caffeine. The Bang was suppose to be a healthy alternative to Monster Energy Drinks, that is the only reason for the law suit. I think the company needs to be fined and the product should be fixed to be what they say it is or be taken off the shelf, but all of these law suits are just costing the public in the long run. Its not like we make anything from them. They will not give us our money back that we have spent over the year.
jaimeMarch 21, 2022 at 5:14 pm
My fiance just suffered from a seizure after drinking this beverage. He has never had a seizure before. I want to be a part of this lawsuit
KristinJune 23, 2021 at 12:14 am
I know someone who has suffered 2 “seizures” & the only thing that was the same was Bang. He’s stopped drinking it.
KimberlyAugust 27, 2020 at 7:21 pm
Responding to Keith's misleading comment. I'm reading the can. My daughter has quite a few empty cans of Bang lying around, these kids drink them for energy. That is the purpose of the Creatine, caffeine and AA's being added. A sports drink is sugar and electrolytes. Nothing more. There is a legitimate law suit here if people are paying for energy drinks and getting sports drinks....although I am [Show More]Responding to Keith's misleading comment. I'm reading the can. My daughter has quite a few empty cans of Bang lying around, these kids drink them for energy. That is the purpose of the Creatine, caffeine and AA's being added. A sports drink is sugar and electrolytes. Nothing more. There is a legitimate law suit here if people are paying for energy drinks and getting sports drinks....although I am not going to make a fuss because it is safer than what my kids think that they are getting with hopefully no sugars (not sure what independent testing showed on that)
KeithAugust 4, 2019 at 2:13 pm
Everything under the heading "Energy Drink Health Concerns" has nothing to do with Bang. Bang is not an energy drink. It's a sports drink (or performance drink) as evidenced by Monster creating a new copycat line called Reign in order to compete that is separate from it's traditional energy drink, Monster. Above that heading is for the courts to decide if indeed it ever gets that far. It's see[Show More]Everything under the heading "Energy Drink Health Concerns" has nothing to do with Bang. Bang is not an energy drink. It's a sports drink (or performance drink) as evidenced by Monster creating a new copycat line called Reign in order to compete that is separate from it's traditional energy drink, Monster. Above that heading is for the courts to decide if indeed it ever gets that far. It's seems more like a loosely veiled promotional for Monster's launch of Reign.