Brad Woodgate, founder of functional beverage brand Joyburst, is no stranger to litigation. So when a process server came to his door last month, he seized the chance to turn a sour occurrence into a viral marketing moment.
In a video posted to Woodgate’s LinkedIn and Instagram accounts, the entrepreneur is met by a process server at the Joyburst brand’s office in Mississauga, Ontario, Canada who – strategically obscured by a door frame – hands him papers and tells him he is being served with a lawsuit against him and his company. He accepts the papers and then looks to flip the script into a sampling opportunity by asking the server if she’s heard of Joyburst and then offers her a free bottle, which she accepts.
Speaking to BevNET, Woodgate said he had gotten wind that the server was looking for him when she showed up to the office earlier in the day while he was out. So when she returned, he was ready with one of his employees to film the encounter.
He posted the video online later that day, and since then he said it’s been viewed more than a collective 400 hours.
“Most marketing campaigns that we do don’t even get 400 hours of viewing,” Woodgate told BevNET, adding that his “impromptu fun play” turned into a relatively successful marketing opportunity.
Founded in 2022, Joyburst is a platform brand of functional beverages with a line of energy drinks and hydration beverages, with two new lines coming for this summer – a protein coffee drink containing 30 grams of protein and 80-100mg of caffeine per 11 oz. tetra pak, which is rolling out now, and a six-flavor line of functional Super Sodas, made with prebiotics and immunity supporting ingredients, scheduled to launch within the next four-to-six weeks.
When asked, Woodgate said that the lawsuit was regarding alleged trademark infringement over the name of the Joyburst brand, but he did not say who had filed the lawsuit against him and his company, only clarifying that it was filed in Canada.
BevNET was unable to locate a court filing online.
Woodgate appeared blasé about the lawsuit, however, stating that the company feels “very confident that that’s not going to be an issue” and that it has “all the paperwork that’s necessary” to defend its trademark.
“Litigation is part of the game, it just is what it is,” he said. “It’s always going to happen if you’re successful.”
In addition to this new litigation, Joyburst is at the moment also facing a proposed class action case, filed in California in January, alleging its energy drinks are wrongfully described as “naturally flavored” when they use a supposedly artificial flavoring with DL malic acid.
While he acknowledges that younger entrepreneurs may be rattled by a lawsuit, Joyburst is far from Woodgate’s first spin at entrepreneurship and the litigation it can attract; he launched his first company – nutrition supplements producer Wellnx Life Sciences – in 2000 and has since founded several other businesses including entertainment company Woodgate Productions and kids vitamins brand Mighty Minis.
Constant Innovation
Although Joyburst has only been on the market for three years, the brand has moved quickly to extend into four different product lines, which Woodgate said is a result of his own personal drive for constant innovation.
The Protein Coffee, which launched this month in Costco, began as a request from a retail partner to “recreate the Starbucks Frappuccino” but without sugar, Woodgate said. Available in a light roast and a dark roast variety, the line aims to capitalize on the growing demand for protein among consumers, particularly with the rise of GLP-1 drugs.
Although protein-infused coffee brands have produced mixed market performance in recent years, Woodgate said the company spent two years on R&D to ensure the Joyburst Protein Coffee delivers on flavor and function in a way that can better compete in the market.
The upcoming Super Soda launch also places the brand in the functional soda set, competing with other gut health friendly brands like Poppi and Olipop. Woodgate acknowledges that Joyburst may be later to the game when it comes to launching into an increasingly crowded set, but he believes the Super Soda’s combination of prebiotic and immunity content, along with a taller slim can format, can help to differentiate.
The line will be available in Cherry Fixx, Lemon Lime, Cola, Cream Soda, Dr. Joy and Orange Splash flavors and each 12 oz. can contains zero sugar, and is set to roll out this summer into select Costco, Walmart and H-E-B stores and on HSN.
“These are three major categories – modern soda, coffee protein and, obviously, hydration – energy is even there as well, but it’s not been as big – but that’s why we’re growing triple digits every year,” Woodgate said. “We think that in the next five to six years you’ll see our brand, from a market share perspective, be some of the best you’ve seen.”
Joyburst is also benefitting from a brand partnership deal with The Walt Disney Company, which began last year with a co-branded tie-in for its hydration line for the movie Inside Out 2. The deal returned this year to promote the live action Lilo & Stitch movie, currently in theaters.
Joyburst is sold in retail across North America, including Costco, Walmart, H-E-B, HyVee, Rousers, Smart and Final, Wakefern and Rite Aid stores, with the hydration line emerging as the “flagship” product, Woodgate said. The company also sells through QVC and has “larger contracts coming” with chains such as CVS, Albertsons and Kroger.
“We’ve been limited on our ability to produce, and so we’ve had to set timing for upcoming [launches] later in 2025 and 2026, but we’ve touched bases and we’ve negotiated and obviously spoken with all the parties,” he said.