Bang’s legal battles with former distribution partner PepsiCo have been primarily fought in civil court, but that could change if Vital Pharmaceuticals CEO Jack Owoc gets his way.
The outspoken entrepreneur is charting a new strategy in his open war against the CPG giant, this time filing documents with the Florida Attorney General’s office accusing PepsiCo of committing “organized criminal activities… including grand theft robbery of BANG-branded coolers that are owned by Vital Pharmaceuticals, Inc., d/b/a Bang Energy.”
The complaint states that “Bang Energy estimates the value of those coolers to be over a million dollars, and further estimates that the real estate and cash per square inch that is generated by these coolers to be significantly more valuable.”
In addition to filing the complaint, Owoc told BevNET in an email that he has warned three Pepsi executives — Ramon Laguarta (CEO), Kirk Tanner (CEO, North America Beverages) and Hugh Johnston (Vice Chairman and CFO) — that “if Pepsi continues to engage in the blatant felony grand theft of our coolers and does not return them and pay for the damages that we will file complaints in many other states” as well.
“We have warned Pepsi on many occasions in writing, yet their lawless behavior continues,” Owoc wrote.
Under Florida law, Grand Theft is defined as “the unlawful taking or using of property, valued at $750.00 or more, with the intent to deprive the owner of his or her rights to the property.” It can be punished as a third, second or first degree felony, carrying punishments ranging from Grand Theft will be charged as a third degree felony, punishable by anything from a $5,000 fine up to up to 30 years in prison.
Owoc’s complaint was filed on Thursday with the Florida Attorney General’s office; no criminal charges have been filed as of press time.
Owoc has also quickly taken to Instagram to underscore his complain against PepsiCo, accusing the company of engaging in “organized crime” and referenced the Racketeer Influenced and Corrupt Organizations Act (RICO), a U.S. federal law that has been frequently used by prosecutors in the past to take down criminal groups.
In an email to BevNET, Owoc reiterated his claim that Pepsi “had a 12 step plan in writing to destroy Bang Energy.”
“They’ve already initiated all 12 steps and failed. Now they’re on their 13 step and have engaged in felony grand theft to the tune of over $1 million when you have another attempt to destroy Bang.”
Bang has “89.6% transitioned into its new best in class distribution system and has signed 212 distributors and is rapidly taking over Florida and Southern California with its own in-house distribution,” according to the CEO. However he claimed that since Bang’s divorce from Pepsi, the soda company has continued to issue “threats to its FOBOs (franchised-owned bottling/distributing operators) to stop doing business with us,” despite previously working with those same operators “for more than a decade of historic sales of our products.”
“Bang Energy and those FOBOs previously had an excellent business relationship throughout the U.S. Those FOBOs had enjoyed more than a decade of historic sales of our products. Pepsi corporate ended all that for its FOBOs.”
Referring to Laguarta, Tanner and Johnston, Owoc said “These individuals don’t give a damn about anybody and put profit over people and profit over our planet. I am calling for [their] resignation immediately!”