A Longmont artist who relabeled bottles of Gatorade with a picture of Tiger Woods and the word “Unfaithful” was sentenced to two years of probation and fined $1,000 this morning.
Jason Eric Kay, 38, pleaded guilty in U.S. District Court in Denver to altering the labels and then putting the product back on the shelves for consumer use.
Kay considered his actions “pop art” and told a Food and Drug Administration agent that he didn’t realize what he did was a big deal.
“This case is a perfect example of how the public safety and health can be impacted by such conduct,” U.S. Attorney David Gaouette said in a written statement. “The public needs to be confident that the product they purchase from a retailer is the same as when it left the manufacturer. Lastly, the prosecution should serve as a warning to others contemplating similar crimes to promote themselves not to do so at the expense of the public or the public’s health.”
Court records show Kay not only relabeled the bottles of Gatorade and put them back on the shelves, he also misbranded several items.
Kay made labels for Gatorade A.M. Tropical-Mango flavored products but placed the labels on bottles of a different flavor. At least one customer complained to King Soopers and Gatorade’s parent company, PepsiCo North America.
Felisa Cardona: 303-954-1219 or fcardona@denverpost.com
