Jones Soda Co. (CSE: JSDA)(OTC: JSDA) originally announced a private placement of up to 7,500,000 units for $0.40 per share, to raise $3 million. However, the company quickly upsized the offering to $4 million and 10 million units.
“Based on strong demand, we are pleased to increase the size of the private placement to allow more interested parties the opportunity to participate,” said David Knight the CEO of Jones Soda.
Jones Soda said it intends to use the net proceeds of the offering to support growth and for general corporate purposes. Each unit will be one common share and one‐half of one detachable share purchase warrant. Each whole warrant will be exercisable into one common share at a price of $0.50 per share for a period of 24 months. The company said it expects to close the offering on or about July 23, 2024.
In May, Green Market Report wrote that California health authorities told Jones Soda that it issued a formal advisory to consumers, warning them that the hemp-infused line of Mary Jones drinks was “unsafe” and contained illegal THC additives. Jones didn’t respond to the announcement.
New products coming
In June, the company announced new Jones Premium Craft Mixers which launches with a national anchor retailer and product shipping to all retailers in the fall of 2024. The new Jones product taps into the $19.1 billion craft mixer category, which has an 8.2% CAGR and accelerated growth in the premium and super-premium segments of the category.
“Jones Premium Craft Mixers were born out of a real customer demand and mark another successful step as a leading beverage company,” said David Knight, CEO of Jones Soda. “It demonstrates our flavor mastery that our fans know and love, adapted to a range of traditional and cutting-edge cocktail blends. After all, why would you dilute any premium spirits with a lesser mixer?”
Cash infusion
The company reported its first-quarter earnings in May and had cash and cash equivalents of approximately $2.8 million and working capital of approximately $6.3 million. Net cash used in operations during the quarter was $958,000. The company reported a net loss of roughly $1.2 million and its accumulated deficit increased to $84.2 million.
Jones said at the time that its focus in 2024 was sales growth with plans to expand the Jones Soda glass bottle business in existing and new sales channels, expand the fountain program in the United States and Canada, and grow the Mary Jones brand, which includes Tetrahydrocannabinol (THC) and cannabidiol (CBD)-infused beverages, edibles, and other related products.
Core conflict
Jones also noted in its earnings filing in May that its wholly owned subsidiary, Mary Jones Michigan (MJM) received a Notice of Claims for arbitration for an arbitration proceeding to be held in Columbus Ohio from a company called Core. The claim alleges that MJM breached the terms of the agreement between MJM and Core on August 24, 2023. Core was to manufacture a line of hemp-derived Delta-9 THC craft sodas for MJM.
MJM says it sent a notice of material breaches by Core Manufacturing and claimed that Core was in breach of its commitments under the Core Agreement. Core is now seeking to enforce the break-up fee provision in the Core Agreement, which Core calculates to be $7,220,357. Jones says it disputes the allegations of Core and intends to defend itself vigorously in this matter. The filing stated, “On April 16, 2024, MJM filed an Answer to the Core Claim asserting multiple affirmative defenses to the two breach of contract claims and asserted in its own Counterclaim causes of action against Core for breach of contract, fraud, and negligent misrepresentation. The arbitration is in its early stages and an arbitrator has not yet been selected.”
MJM is also seeking from P3 Capital Partner LLC, an entity related to Core, the return of a $155,700 deposit previously paid to P3 in connection with the license and manufacturing agreement between MJM and P3.