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Nature’s Bakery responds to Stewart-Haas Racing lawsuit; claims team could not ‘control’ Danica Patrick

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DAYTONA BEACH, Fla. — Nature’s Bakery states in court documents that Stewart-Haas Racing could not “control” Danica Patrick and “was more interested in cashing Nature’s Bakery checks than in making the sponsorship a success.’’

Nature’s Bakery, which served as the primary sponsor for Patrick’s team in 2016, filed a counterclaim Friday in North Carolina Superior Court for Cabarrus County. That was in response to a $31 million lawsuit SHR filed Feb. 3 after Nature’s Bakery terminated its three-year agreement two years early.

Brett Frood, president of Stewart-Haas Racing, issued a statement Saturday morning in response to claims made by Nature’s Bakery:

”Nature’s Bakery is in material breach of its contract with Stewart-Haas Racing. It’s an unfortunate situation, but we know we’ve delivered on all aspects of our agreement and more. We took great pride in elevating the brand awareness and relevance of its products and were prepared to continue activating pursuant to the agreement in 2017 and beyond. Nature’s Bakery chose to breach and terminate the contract. We’re confident with our position.”

Nature’s Bakery stated it court documents it did not see the return it was led to believe by Stewart-Haas Racing that it would experience.

Nature’s Bakery noted in court documents that it relied on Stewart-Haas Racing for guidance with activating the sponsorship properly because of a limited staff and lack of experience in the sport.

“SHR’s promises were illusory and misleading,’’ Nature’s Bakery stated in court documents. “There was no massive increase in sales. NASCAR viewership was retreating. The team had other significant operational problems. SHR lacked the ability to control Patrick’s performance under the Agreement.

“As a result, the Sponsorship came nowhere close to fulfilling its promises, nor justifying the more than $17 million Nature’s Bakery paid SHR in 2016.’’

Nature’s Bakery sent Stewart-Haas Racing a notice of termination on Jan. 19. The sponsorship, which Nature’s Bakery was to pay $15 million a year, was to have gone through the 2018 season. The company was to have been the primary sponsor on Patrick’s car for 28 races each season.

Among its complaints, Nature’s Bakery claimed that Patrick did not properly promote its product and endorsed a competitive product.

Nature’s Bakery stated in court documents that in “roughly 475” messages she posted on her Instagram account in 2016 that “only 15 or 3% referenced Nature’s Bakery.’’

Nature’s Bakery also stated that in “roughly 600 times to her Twitter account in 2016 … only 13 or 2% referenced Nature’s Bakery.

“Patrick posted more than 530 times to her Facebook account in 2016, but only 18 or 3% referenced Nature’s Bakery.’’

Stewart-Haas Racing stated in its lawsuit that the sponsorship agreement does not contain a requirement for such social media postings.

Stewart-Haas Racing previously stated that Patrick endorsed Six Star Pro Nutrition’s protein powder and that it was not a competing product.

Nature’s Bakery also cited that it wanted Patrick to hold its fig bar while walking around the pit area on race weekends. “That rarely happened,’’ the company stated in court documents. “But race fans and TV audiences saw her frequently with a bottle of Coca-Cola or Coke Zero in her hand, another sponsor of Patrick’s.

“When Nature’s Bakery asked SHR why it could not cause Patrick to showcase its products more frequently, SHR said it had difficulty controlling her conduct. Its failure to manage her performance robbed Nature’s Bakery of the fundamental promise and benefit of the relationship.’’

Patrick stated Feb. 22 that she saw no issues with how she promoted Nature’s Bakery.

“I think that it was a shock to all of us that one year into a three-year deal that there was a problem, but everything that was ever asked of me I did to the very best of my ability,’’ Patrick said.

Stewart-Haas Racing stated in its lawsuit that as a “gesture of good faith” it asked Patrick in December to stop posting on social media regarding items that Nature’s Bakery contended were competitive.

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Kyle Busch wins Stage 2 of Brickyard 400; Dale Earnhardt Jr. out after accident on restart

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Kyle Busch continued his domination of the Brickyard 400 by winning Stage 2 of the race at Indianapolis Motor Speedway.

Busch, who has led 85 of the race’s first 100 laps, led the final 13 laps of the stage. Busch also won Stage 1.

Busch restarted ninth on Lap 75 after eight cars stayed out of the pits during the preceding caution. He passed Ryan Blaney to return to the lead on Lap 87.

The top 10 after 100 laps were Busch, Martin Truex Jr., Blaney, Erik Jones, Kevin Harvick, Matt Kenseth, Joey Logano, Denny Hamlin, Brad Keselowski and Jamie McMurray.

Dale Earnhardt Jr.‘s final Brickyard 400 ended early when he ran into the back of Trevor Bayne on the Lap 75 restart. The collision smashed in the front of his No. 88 Chevrolet and damaged the radiator, which began trailing smoke and brought the caution back out. Earnhardt went to the garage with his sixth DNF through the first 20 races of the year.

“We had a great car, I was having a lot of fun, the car was fast, we had a top-10 car for sure,” Earnhardt told NBCSN. “It’s frustrating because I really enjoyed being out there.

“Hopefully, our luck’s going to turn around. It’s been pretty tough and this is a difficult one to put up with.”

The race’s second caution for an accident occurred on Lap 57 when David Ragan spun in Turn 1 and collected Jeffrey Earnhardt and JJ Yeley. Earnhardt and Yeley were able to continue, but the severe damage to Ragan’s No. 38 Ford ended his day.

Yeley’s day ended when he brought out another caution on Lap 70 when his No. 7 Chevrolet lost his right-front tire and hit the outside wall.

The Brickyard 400 is scheduled to end on Lap 160.

 

Dale Earnhardt Jr.’s last Brickyard 400 ends early after making contact

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Dale Earnhardt Jr.‘s hopes of finally winning a Brickyard 400 in his final career appearance in the mid-summer classic ended abruptly on Lap 77 of Sunday’s race at Indianapolis Motor Speedway.

Earnhardt made contact with the rear of the No. 6 of Trevor Bayne, causing significant damage to the front end and radiator of Earnhardt’s No. 88.

Shortly after that, smoke began to billow from the rear of Earnhardt’s car. He didn’t take the car to pit road, going straight to the garage instead, his day officially over.

“There were just a bunch of cars slowing down and stopping and caused a chain reaction,” Earnhardt told NBC. “I got into the back of the 6 car (Trevor Bayne), they were all getting into each other, and just knocked the radiator out of it.

“We had a great car, I was having a lot of fun, the car was fast, we had a top-10 car for sure. It’s frustrating because I really enjoyed being out there.”

Earnhardt now has just six races to qualify for the NASCAR playoffs. He’s pretty much in a must-win situation if he hopes to make the 10-race playoffs.

“Hopefully, our luck’s going to turn around,” Earnhardt said. “It’s been pretty tough and this is a difficult one to put up with.”

Earnhardt is the second Hendrick Motorsports driver to see his day come to an early end. Chase Elliott suffered engine failure on Lap 45.

 

Engine issue ends Chase Elliott’s Brickyard 400 hopes early

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Chase Elliott‘s hope of winning the Brickyard 400 went up in smoke about one-quarter of the way through Sunday’s 24th edition of the race at Indianapolis Motor Speedway.

Elliott had some issues with his engine that brought him to pit road. After his team looked over the car, it sent him back out on the racetrack and shortly after, smoke began coming out of the rear of his Chevrolet on Lap 44. Elliott took his car to the garage, his day officially over.

“We don’t know, it was some type of motor issue,” Elliott told NBC of the apparent cause of the engine failure. “We went down a cylinder and then started blowing smoke out of the pipes. I’ve been racing Hendrick engines since 2013 and this is the first engine problem I’ve ever had. … We’ll move on to next week and see what we have there.”

Elliott came into the race hoping to repeat what his father did in the latter’s win in the 2002 Brickyard 400.

 

Kyle Busch leads Brickyard 400 at end of Stage 1; Chase Elliott out due to engine problems

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Pole-sitter Kyle Busch led all 50 laps to win the first stage of the Brickyard 400.

Busch is seeking to win his first Cup race in his last 36 starts since capturing last year’s Brickyard 400.

The top 10 after 50 laps were Busch, Martin Truex Jr., Ryan Blaney, Kevin Harvick, Joey Logano, Matt Kenseth, Jamie McMurray, Kyle Larson, Jimmie Johnson and Dale Earnhardt Jr.

Denny Hamlin finished the stage in 24th after he pitted twice under the competition caution to fix damage from contact with Ryan Newman on his first trip down pit road.

Chase Elliott is out of the race after his No. 24 Chevrolet blew an engine on Lap 45. Elliott had begun dropping off the pace around Lap 20 and he was a lap down after an extended stop during the competition caution.

It is the first time Elliott has lost an engine in his Cup career.

The first caution of the race occurred on Lap 9 when Corey LaJoie hit the wall in Turn 3. During the caution the field was brought to pit road on Lap 12 ahead of severe weather.

The race was red flagged for lightning before it began raining. The red flag lasted one hour, 47 minutes and three seconds and was lifted at 4:47 p.m.

The race went back to green on Lap 18.

The competition caution originally scheduled for Lap 20 was pushed back to Lap 30.

Stage 2 will end on Lap 100 with the race scheduled to go 160 laps.