Earlier this month the Food and Drug Administration (FDA) was notified by PepsiCo North, the manufacturer of the sports beverage, of multiple complaints regarding altered labels on one-quart bottles of Tropical-Mango Flavored Gatorade. The labels were said to depict disgraced golfer Tiger Woods and his estranged wife Elin on one side, with the word "Unfaithful" scrawled on the other.
The soft drink manufacturer was quick to note that the labels' bar codes were still functional and that no bottle appears to have been opened beforehand.
"The consumer must have confidence that the labeling on the products they purchase has not been changed or altered in any way so that the information about the product is accurate," said U.S. Attorney David Gaouette. "Once a label is illegally changed, all of the information on that label is put into question."
Jason Eric Kay, the man accused of creating and distributing the labels, could face upwards of five years imprisonment and roughly $450,000 in fines.