Jan 13, 2010, 7:00 PM EDT
Let this be a lesson to all the kids out there. If you produce fake labels featuring Tiger Woods with the word ‘Unfaithful’ on one side and a picture of Tiger and Ellen Nordegren on the other, and put the labels on bottles on Tropical-Mango Gatorade and place about 100 of them on supermarket store shelves, the law will hunt you down. And you will go to prison. Meet Jason Eric Kay, 38, of Longmont, Colo., who was arrested today for label shenanigans. Kay claimed that his fake labeling was “performance art,” and that he meant no harm. After all, the content of the bottles was not tampered with. Still, the Food and Drug Administration was not amused.
Well, Food didn’t have a problem with it, but Drug was really mad. You know Drug …
Jason Eric Kay, 38, of Longmont, Colo., was arrested on charges of misbranding and altering food labels with intent to cause serious injury to the business of any person, according to a release from the Denver U.S. Attorney’s Office and the Food and Drug Administration Office of Criminal Investigations.
While the FDA and Gatorade maker PepsiCo North America were investigating who was tampering with the products, Kay sent a letter to the manufacturer offering to go on a tour placing his altered products in various cities if Pepsi would pay his travel and per diem, according to the affidavit.
The altered Gatorade bottles were numbered to indicate which piece of art they were.
The crimes Kay is charged with carry maximum penalties of up to three years in prison and a fine of $250,000.
Gatorade had a Tiger Woods-themed sports drink, but discontinued it last year after the scandal surrounding his infidelity broke.
Meanwhile, on eBay, a Tiger Woods Unfaithful Gatorade bottle appeared briefly, but was quickly taken down. Oh sure, the government is right on top of this; yet anyone can just waltz into a White House party and shake hands with the President.
By the way, the guy in the photo there is not Jason Kay; he’s just some Denver-area guy who bought a few of the fake Gatorade bottles, and got on TV. I suggest building a wine cellar and keeping them there, bringing them out only for special occasions.
Colorado man arrested for ‘unfaithful’ Tiger Woods labels [Houston Chronicle]
Longmont man charged in Gatorade tampering case [Denver Post]
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