Despite Mounting Legal Battles, Kyle Busch Gives Another Reason for Shutting Down

Kyle Busch fans will have to say goodbye to their favorite source of energy. Since 2019, the Richard Childress Racing driver has been promoting his Rowdy Energy, an energy drink, in and out of the arena of NASCAR. But not anymore.

Since last year, the two-time NASCAR Cup Series champion has been looking forward to expanding his brand by introducing “Rowdy Energy Power Burn” in smaller cans to be sold at local convenience stores. But in November last year, a class-action lawsuit was filed against the energy drink brand that sponsors Formula Drift driver Ken Gushi. And here is why.

The claims of the drink being preservative free, seem to be false. The lawsuit claims that although Rowdy Energy has been advertising its products as preservative-free, they do contain citric acid and ascorbic acid: two commonly used preservatives in the food and beverage industry.

As fans might wonder, legal actions might not be the sinister reason behind the brand closing down. While other big-shot energy drink brands like Red Bull and especially, Monster Energy dominate the market, Busch’s brand perhaps does not stand a chance anymore, especially after the lawsuit brought against it.

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In December, the Attorney-General for the State of California put up a 60-day notice stating that the beverage company had violated California’s Safe Drinking Water and Toxic Enforcement Act of 1986 as their drinks contain impermissible amounts of lead and mercury compounds.

According to the law, the violators must: 1) either reformulate the ingredients of the product or provide clear and appropriate labels that warn the consumers of the preservatives, 2) pay a certain amount of civil penalty, and 3) send out a clear notice to every customer who has purchased the product in the last three years, warning them about its contents.

Rowdy Energy, however, did none of the above. Instead, he decided to shut the company down. Unfortunately, this might not be enough to free Busch from the charges brought against his company. As a matter of fact, pending litigation can be brought against it for five years even after it officially ceases production. Nevertheless, with the brand pulling its shutters down, the legal charges brought against it might just simply dwindle.

Safe to say, the start of the new year wasn’t that great for Busch. Firstly, he sold off Kyle Busch Motorsports to Spire Motorsports, and now, he is burdened with another massive blow.