TEXARKANA, Arkansas — A Texarkana-based beverage distributing company has filed a federal lawsuit against Pepsi and the makers of an energy drink over sales territory.
Eagle Distributing of Texarkana filed suit a week ago against PepsiCo and Vital Pharmaceuticals (VPX), maker of VPX Bang energy drink products, in the Texarkana Division of the Western District of Arkansas. The suit alleges Eagle and VPX entered into an agreement in September 2018,
which gave it the exclusive right to sell Bang energy drinks in a two-state, seven-county area including Bowie County, Texas, and Miller, Lafayette, Hempstead, Howard, Sevier and Little River counties in Arkansas.
Eagle claims VPX entered into an agreement with Pepsi earlier this year to sell its Bang energy drink products in areas including those Eagle already services. Eagle alleges Pepsi's "invasion" of their territories violates laws concerning franchise agreements.
Specifically the suit alleges violations of the Arkansas Franchise Practices Act and breach of contract by VPX. The complaint alleges interference with business expectancies by both Pepsi and VPX, and accuses Pepsi of interfering with contractual relations.
The complaint seeks a declaration from the court that Eagle is a franchisee of VPX and an injunction preventing VPX from terminating its agreement with Eagle. Eagle is asking for damages from Pepsi and VPX as well as attorney fees and costs.
The case was filed on Eagle's behalf by Patrick Spivey of the Little Rock firm Fuqua Campbell. Court records show that neither VPX nor Pepsi has been served with a copy of the complaint.
The case is assigned to U.S. District Judge Susan Hickey.
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November 08, 2020 at 10:44AM
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Local distributor files suit against Pepsi and energy drink maker over sales territory - Texarkana Gazette
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