SHR 'couldn't control Patrick's social media,' sponsor claims

Filed Friday in North Carolina Superior Court for Cabarrus County, the fig bar company alleges Danica Patrick promoted the products of competitors and that Stewart-Haas took advantage of the lack of sponsorship experience by Nature's Bakery. The documents state Stewart-Haas never delivered on promises to provide support and did nothing but collect the Nature's Bakery sponsorship check.

"Nature's Bakery has tried for almost half a year to resolve the failed relationship in a productive business-like manner, but it now faces a public lawsuit that never should have been filed," Nature's Bakery says in its filing. "Forced to engaged, Nature's Bakery will not be bullied and is intent on prevailing in this case – even as it continues to support NASCAR and wish Ms. Patrick much success on the track in 2017 and beyond."

Nature's Bakery is asking that Stewart-Haas be awarded nothing, and instead be assessed an unspecified amount in damages.

At the heart of the counterclaim is the accusation Patrick used her social media channels mainly to promote projects away from racing and did not spend enough time posting about Nature's Bakery. 

"SHR could not control Patrick's performance, particularly as to her social media, which Patrick often refused to use to promote Nature's Bakery," Nature's Bakery counterclaim reads. "Nor could SHR guarantee exclusivity for Nature's Bakery's brand in category of on-the-go foods because Patrick was already endorsing a protein bar made by one of Nature's Bakery's competitors, Six Star Pro Nutrition. It was as if Michael Jordan decided to wear Adidas while being paid by Nike.

"Other promises also fell by the wayside ... and the brand failed to realize any of the promised return on its investment."

Stewart-Haas, in its lawsuit, claims the Six Star Pro Nutrition bar Patrick promoted was not a competing product and that there were other posts that Nature's Bakery "liked."

In its lawsuit, Stewart-Haas alleged Nature's Bakery attempted to terminate its sponsorship of Patrick's No. 10 Ford on January 19. The company was scheduled to appear on the car in 28 races this season, which is the second year of its three-year deal. SHR's suit accuses the company of refusing to pay millions of dollars it owes the team. 

"It's an unfortunate situation, but we know we've delivered on all aspects of our agreement and more," Stewart-Haas Racing president Brett Frood said in statement. "We took 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."