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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NASCAR weekend schedule for Charlotte Motor Speedway Roval

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NASCAR Cup Series drivers race on the road for the final time this season Sunday, as the Charlotte Motor Speedway Roval course ends the playoffs’ Round of 12.

The 17-turn, 2.28-mile course incorporating the CMS oval and infield will determine the eight drivers who will advance to the next round of the playoffs. Chase Elliott won last Sunday at Talladega Superspeedway and is the only driver who has qualified for a spot in the Round of 8.

Entering Sunday’s race, Austin Cindric, William Byron, Christopher Bell and Alex Bowman are below the playoff cutline. Bowman will not qualify for the next round because he is sidelined by concussion-like symptoms.

The race (2 p.m ET) will be broadcast by NBC.

Charlotte Motor Speedway Roval (Cup and Xfinity)

Weekend weather

Friday: Sunny. High of 81 with a 6% chance of rain.

Saturday: Mixed clouds and sun. High of 67 with a 3% chance of rain.

Sunday: Sunny. High of 68 with a 3% chance of rain.

Friday, Oct. 7

(All times Eastern)

Garage open

  • 12 – 5 p.m. — Xfinity Series

Saturday, Oct. 8

Garage open

  • 7 a.m. – 2:30 p.m. — Cup Series
  • 8:30 a.m. — Xfinity Series

Track activity

  • 10 – 10:30 a.m. — Xfinity practice (NBC Sports App)
  • 10:30 – 11:30 a.m. — Xfinity qualifying (NBC Sports App)
  • 12 – 1 p.m. — Cup practice (NBC Sports App, USA Network coverage begins at 12:30 p.m.)
  • 1 – 2 p.m. — Cup qualifying (USA Network, NBC Sports App)
  • 3 p.m. — Xfinity race (67 laps, 155.44 miles; NBC, Peacock, Performance Racing Network, SiriusXM NASCAR Radio)

Sunday, Oct. 9

Garage open

  • 11 a.m. — Cup Series

Track activity

  • 2 p.m. — Cup race (109 laps, 252.88 miles; NBC, Performance Racing Network, SiriusXM NASCAR Radio)

 

Rodney Childers fined $100,000, suspended for four races

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NASCAR has suspended Rodney Childers, Kevin Harvick‘s crew chief, for four races and fined him $100,000 for what the sanctioning body called modification of a part supplied by a vendor.

Harvick, who is out of the Cup Series playoffs, and the Stewart-Haas Racing No. 4 team were docked 100 points.

Harvick’s car and that of Martin Truex Jr. were taken to NASCAR’s Research and Development Center in Concord, N.C. after last Sunday’s race at Talladega Superspeedway. There were no penalties assessed to the Truex team.

Harvick has been particularly critical of the Next Gen car in recent months, once referring to the “crappy-ass parts” provided by suppliers.

Harvick’s car erupted in flames during the Southern 500 Sept. 4 at Darlington Raceway. After he climbed from the smoking car, Harvick blamed the fire on “just crappy parts on the race car like we’ve seen so many times. They haven’t fixed anything. It’s kind of like the safety stuff. We just let it keep going and keep going.

“The car started burning and as it burned the flames started coming through the dash. I ran a couple laps and then as the flame got bigger it started burning stuff up and I think right there you see all the brake fluid that was probably coming out the brakes and part of the brake line, but the fire was coming through the dash.

“What a disaster for no reason. We didn’t touch the wall. We didn’t touch a car, and here we are in the pits with a burned-up car, and we can’t finish the race during the playoffs because of crappy-ass parts.”

MORE: AJ Allmendinger to return to Cup Series in 2023

Unless the team appeals, Childers would miss races at Charlotte, Las Vegas, Homestead and Martinsville and would return for the season finale at Phoenix.

NASCAR president Steve Phelps told the Associated Press that officials have not targeted Harvick. “I would say that’s ridiculous,” he said. “No one has a vendetta against Kevin Harvick or Rodney or anyone at Stewart-Haas Racing.”

On Wednesday afternoon, Harvick tweeted, “Seems strange…” A Childers tweet called the penalty “Shocker…..”.

NASCAR also announced Wednesday it has suspended Young’s Motorsports crew chief Andrew Abbott indefinitely for a behavioral violation during pre-race inspection. He must undergo anger-management training to be reinstated. The team races in the Camping World Truck Series.

Drivers to watch in NASCAR Cup Series race at Charlotte Roval

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The lineup for the NASCAR Cup Series playoffs Round of 8 will be decided in Sunday’s race at the Charlotte Motor Speedway Roval.

Entering the race, the final event in the Round of 12, Austin Cindric, William Byron, Christopher Bell and Alex Bowman are below the cutline. Bowman will miss the race — and thus the cutoff — as he continues to battle concussion-like symptoms. Noah Gragson is scheduled to drive the No. 48 Chevrolet Sunday.

Cindric is tied with Chase Briscoe for the eighth playoff spot, but Briscoe would claim it on the tiebreaker. Byron is 11 points back, and Bell is 33. Hendrick Motorsports has appealed the penalty to Byron that dropped him below the cutline. That appeal is scheduled to be heard Thursday.

MORE: Hailie Deegan to make Xfinity debut at Las Vegas

Any playoff driver who wins Sunday’s race and isn’t already qualified — Chase Elliott qualified for the Round of 8 by winning last week at Talladega Superspeedway — automatically advances to the Round of 8.

Drivers to watch Sunday at the Roval (2 p.m., ET, NBC), the final road-course race of the season:

FRONTRUNNERS

Chase Elliott

  • Points position: 1st
  • Last three races: Won at Talladega, 32nd at Texas, 2nd at Bristol
  • Past at CMS Roval: Won in 2019 and 2020

Elliott is the clear favorite to win a second championship. He won Sunday at Talladega to advance to the Round of 8 and can relax Sunday at Charlotte having punched his ticket. Relaxing isn’t likely, however, as Elliott will be among the favorites to win.

Ryan Blaney

  • Points position: 2nd
  • Last three races: 2nd at Talladega, 4th at Texas, 30th at Bristol
  • Past at CMS Roval: Won in 2018.

Blaney continues along a path that could result in him winning the Cup championship without winning a race. He came within an eyelash of winning Sunday at Talladega but fell victim to Chase Elliott’s last-lap charge. He should be a threat Sunday at the Roval, where he has four straight top 10s.

Kyle Larson

  • Points position: 6th
  • Last three races: 18th at Talladega, 9th at Texas, 5th at Bristol
  • Past at CMS Roval: Won in 2021

Larson’s last win — and his last top-four finish — came at Watkins Glen seven races ago. He is 18 points over the cutline entering Sunday’s race.

QUESTIONS TO ANSWER

Austin Cindric

  • Points position: 9th
  • Last three races: 9th at Talladega, 15th at Texas, 20th at Bristol
  • Past at CMS Roval: Sunday will mark his first Cup race. Has three top threes in four Xfinity starts.

Cindric hasn’t won since the season-opening Daytona 500 and is one of five drivers still in the playoffs who own only one victory this year. His ninth-place run at Talladega ended a streak of four straight finishes of 12th or worse.

MORE: NBC Sports NASCAR Power Rankings

Daniel Suarez

  • Points position: 7th
  • Last three races: 8th at Talladega, 12th at Texas, 19th at Bristol
  • Past at CMS Roval: Best finish in four starts is 13th

Suarez is 12 points above the cutline entering Sunday’s race. He has never led a lap at the Roval and has never finished in the top 10.

Chase Briscoe

  • Points position: 8th
  • Last three races: 10th at Talladega, 5th at Texas, 14th at Bristol
  • Past at CMS Roval: Finished 22nd last year in his only Cup start

Briscoe is teetering on top of the cutline in search of a spot in the Round of 8. He hasn’t won since the fourth race of the year at Phoenix and had a poor performance at the Roval last year.

 

 

AJ Allmendinger to return to NASCAR Cup Series in 2023

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AJ Allmendinger is getting another shot at success in the NASCAR Cup Series.

Kaulig Racing announced Wednesday that Allmendinger, currently chasing the Xfinity Series championship, will drive full-time in Kaulig entries in the Cup Series next season.

Allmendinger raced in Cup from 2007 to 2018 but won only one time — at Watkins Glen International — across those years. He moved to the Xfinity Series part-time with Kaulig in 2019, winning on the Charlotte Motor Speedway Roval. He won twice in 2020 and five times in 2021 and is a favorite to win the Xfinity championship this year. He has won four Xfinity races this season, including last Sunday at Talladega.

MORE: Hailie Deegan to make Xfinity debut at Las Vegas

Allmendinger, 40, will drive Kaulig’s No. 16 car in Cup next year. Justin Haley will drive the team’s No. 31.

Chandler Smith will replace Allmendinger in the Xfinity Series next year.

“It’s crazy how the last five years of my life have gone,” Allmendinger said. “More than anything, I love this organization. I know the fans get tired of me talking about all the men and women of Kaulig Racing. This is not a race team. This is a huge family.

“There will be tough times and growing pains, for sure. But I love what they’re about, and they believe in me. I’ll be OK whether it’s good or bad.”

MORE: Chase Elliott atop NASCAR Power Rankings

Team owner Matt Kaulig said Allmendinger is “one of the best in the world at every type of track. He’s done so much for Kaulig Racing and our program. He’s a gigantic part of what we’re building.”

Team officials said Allmendinger has a multi-year contract.