Jason Eric Kay, the Longmont artist accused of relabeling bottles of Gatorade with images of golfer Tiger Woods, his wife, Elin Nordegren, and the word “Unfaithful,” was released from federal custody today.
Kay, 38, appeared in U.S. District Court in Denver to hear charges that he removed and replaced labels on Gatorade bottles, which carries a penalty of up to 5 years in prison.
A Food and Drug Administration agent who interviewed Kay said Kay told him he made the labels as “pop art” and did not realize he had done anything wrong.
Kay’s lawyer, Paul McCormick, said his client “takes responsibility for his actions.”
McCormick declined to say more about the case.
U.S. Magistrate Judge Kathleen Tafoya released Kay on a personal recognizance bond meaning he did not have to post any money.
His next court appearance is on Feb. 11 for a status hearing on the case.
Court documents say Kay sent an e-mail to Gatorade’s parent company, PepsiCo, in which he offered to make the labels as a marketing campaign for the company.
PepsiCo contacted the FDA and complained that several one-quart bottles of Tropical-Mango Gatorade were relabeled and placed on shelves at King Soopers and Safeway stores in Erie, Boulder, Longmont and Broomfield.
The FDA estimated that Kay distributed about 67 relabeled Gatorade bottles into stores.
Kay reportedly told the agent that he wanted to get people talking about why Gatorade dropped their Tiger Woods campaign.
“He said he felt that the company should be happy because he was providing them with positive press,” says the affidavit, written by FDA Agent Daniel Burke.
Felisa Cardona: 303-954-1219 or fcardona@denverpost.com
