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Vital Pharmaceuticals BANG Energy Drink False Ad Suit Advances

June 8, 2021, 8:15 PM

Vital Pharmaceuticals Inc. must face a proposed class suit alleging it dupes consumers about the contents of BANG energy drinks, a Florida federal court said, but claims over its promised health benefits can’t proceed.

Cody T. Fitzpatrick and Cody J. Crockett allege Vital, which does business as VPX Sports, deceptively marketed BANG as containing “Super Creatine,” when the product contains no creatine, a workout supplement.

They have plausibly alleged a consumer would expect creatine and wouldn’t necessarily get it by drinking BANG, the U.S. District Court for the Southern District of Florida said in an opinion entered Monday. This is ...