Bang Energy’s new MIXX hard seltzer is about to launch in retail markets, yet Pepsi has interfered with that launch by providing false information to distributors, according to the lawsuit filed in federal court this week.

Bang, based in greater Miami, has recently announced its new hard seltzer under the Quash Seltzer LLC division of Vital Pharmaceuticals, the parent company of Bang. Hard Seltzer news broke the story with a first look article in December, 2020. The caffeine-free hard seltzer products will have 5% ABV, and contain four electrolytes.

Unfair Interference

Bang CEO Jack Owoc, known for his unfiltered style, announced on a LinkedIn post this week: “Pepsi is deceiving & defrauding
distributors claiming distribution rights to a product “The MIXX” that PepsiCo cannot legally distribute.”

In the lawsuit filed in Bang’s home state of Florida, Southern District Court, the legalese was equally direct in its quest to seek damages from the Purchase, NY-based food and beverages conglomerate: “PepsiCo has threatened Quash’s prospective distribution partners into not doing business with or even exploring a relationship with Quash relating to distribution of MIXX.”

With the product now in production and ready to release to the public, Bang is seeking a quick ruling from the courts.

Continued Troubles with PepsiCo

The company recently attempted to end its agreement to distribute Bang drinks, and after resistance from the Pepsi legal team, sued to have it nullified. That lawsuit was filed by Bang in early December. An arbitrator quickly ruled that Pepsi had the right to continue as exclusive distributor until the end of the agreement’s original term, or October 2023.

PepsiCo’s has made major investments in the energy drink business, including in its flagship Rockstar brand.

The suit was filed by Quarles & Brady, 0:21-cv-60191, Quash Seltzer LLC v. Pepsico Inc.

Caroline Hill
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