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(CN) — A popular beverage company claims soccer star Lionel Messi is misleading consumers about his involvement in the creation of a new sports drink brand.
Prime Hydration says in a 23-page complaint filed Thursday in the Florida federal court that the Argentine forward for Inter Miami had little role in creating Más+ by Messi, despite claims on the sports drink’s website and in advertising.
On the “Founder’s Story” page of the drink’s website, Messi claims he “went to work on a drink of his own” because he wanted a beverage with quality ingredients and amazing flavor. A narrator tells the viewer in an advertising video titled, “Leo Messi: The Founder of Más+,” that the soccer star has been involved “throughout the whole Más+ process.”
Prime Hydration argues those claims are false.
As evidence, Prime Hydration points to Messi’s admission in an affidavit filed in a separate lawsuit that he was not involved in the creation or development of the sports drink.
Mark Anthony Group asked a federal judge last year to rule that its bottle design for Más+ by Messi does not infringe on designs used by Prime Hydration’s packaging. Messi’s affidavit was filed as part of that litigation, which remains pending.
“I understand that Mark Anthony designed the packaging for MÁS+ BY MESSI prior to our meeting toward the end of 2023 and continued to perfect the design during spring 2024, with input from my team exclusively concerning the use of my name, image, and likeness,” Messi wrote. “I was not involved in the creation or design of the aesthetic appearance of the bottle or the label, and I have no knowledge as to the specifics of that design process.”
Mas+ Next Generation Beverage Co. is a division of The Mark Anthony Group of Companies, known for creating the alcoholic beverage brands White Claw and Mike’s Hard.
“Contrary to the Mas+ Co. public advertisement and website promotion, Mr. Messi did not go ‘to work on a drink of [his] own,’” Prime Hydration writes in the complaint. “Rather, on information and belief, Mr. Messi attended at most two presentations made by Mas+ Co. and/or its affiliates and then licensed his name, image, signature and likeness.”
Prime Hydration claims Mark Anthony Group deliberately pushed the narrative of Messi being a company founder to replicate Prime’s social media virality, owed in part being founded and promoted by internet personalities Logan Paul and KSI.
“Mark Anthony set out to copy Prime Hydration’s success, by finding its own brand ambassador who would likewise connect with younger consumers,” Prime Hydration says.
Prime Hydration says Mas+ and Messi’s purported false narrative has negatively affected Prime’s own sales.
“Defendants’ false narrative and associated advertising has harmed Prime Hydration at least that Prime Hydration has lost retail shelf space and slotting positions at retailers throughout the United States such as Walmart, amongst others,” Prime Hydration claims. “Defendants’ false marketing caused retailers to alter planograms and/or product placement to include MAS+ BY MESSI Product outside of the normal ‘reset’ or ‘refresh’ cycle to the detriment of Prime Hydration.”
Prime Hydration seeks unspecified compensatory and punitive damages against Messi and Más+ Next Generation Beverage Co. for false advertising, unfair trade practices and misleading advertising.
The beverage battle rages as Prime Hydration and Mark Anthony Group seek to grow their brands in a market dominated by behemoths. Three big-name brands — PepsiCo’s Gatorade and Coca-Cola’s Powerade and Bodyarmor — control about 88% of the U.S. sports drink market, according to BeverageDaily.
By comparison, Prime controls only 3.6% of the $11.5 billion market.
But the popularity of sports drinks continues to grow as consumers increasingly prioritize active lifestyles and physical well-being, according to Beverage Industry.
The Mark Anthony Group of Companies did not respond to a request for comment. Messi could not be reached for comment through Inter Miami.
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