HIS BIG BANG! THEORY INVENTOR OF ORANGE DRINK KEEPS PACE WITH CONSUMERS.

Byline: Evan Pondel Staff Writer

SYLMAR - For Orange Bang! Inc., having a taste for your audience is more important than the drink itself.

That was David Fox's philosophy when he stood in his kitchen 30 years ago attempting to concoct the frothy drink. Savvy taste buds have guided the businessman, and today Bang! stands as a $10 million company.

``But did I ever think I would be president of my own beverage company? No. I wanted to be a baseball player growing up,'' said Fox, 75, who now lives in Encino. ``But the competition I experienced playing ball is similar to understanding the business world. So I guess you can say I'm just playing a different game.''

Like baseball, a successful beverage player must be able to understand the opponent's weaknesses, a strategy Fox has put to the test in recent months after introducing several new drinks to woo the Latino community.

Bang!'s Horchata Ole - a drink made of milk, rice and cinnamon - is seeing a surge in popularity among Latino consumers. Fox said the beverage was a logical move for the company because many Bang! drinkers are of Mexican decent, the same origin as Horchata. The drink has also provided a natural transition for other Ole flavors including Watermelon, Jamaica, Tamarindo and Melon.

Taqueria Lagos, a Mexican restaurant in Van Nuys, has been serving Orange Bang! for more than six years. George Valenzuela, owner of the eatery, recalls the first time he installed his Bang! machine.

``People loved it. There was something about the flavor,'' he said.

The Orange Julius-esque drink is made from ``real orange juice,'' but its primary zing comes from liquid sugar. Valenzuela said Bang! enters the mouth with a tangy twinge added to its syrupy sweetness.

``But I have to say, people aren't as interested in Orange Bang! anymore. They want the Horchata,'' Venezuela said.

Ole's popularity is much needed by Fox, who has been saddled with attorneys fees after being sued for patent infringement by a rival. The suit involves Juicy Whip, a company that claims Bang! was utilizing technology it didn't own to dispense its product.

``These types of cases aren't uncommon though,'' said Lawrence Sung, an assistant law professor at the University of Maryland who specializes in patent law.

Sung and his colleagues provide synopsis of patent cases that involve the Federal Circuit. In this particular case, Sung said it was difficult to prove that Orange Bang! was in fact copying Juicy Whip.

``The evidence just couldn't be corroborated,'' Sung said.

But to avoid further havoc, Bang! has already altered the way its drinks are dispensed. Known as a ``post-mix beverage dispenser'' Bang! comes in a box that's essentially plugged into a fountain. Depress the Bang! button, and the fountain's nozzle whips up the drink before it enters the cup.

``This makes our product a lot easier for the restaurant because they can avoid the sticky mess of a display bowl,'' Fox said.

In the 1980s, Orange Bang! was served from a plastic reservoir, which presented the drink cascading down its inner walls. The ``premix dispenser'' would require the restaurant to mix the drink manually and then dump the finished product into the reservoir.

``I can foresee the day when our clients are only using post-mix dispensers,'' said Fox, whose machine shop is filled with several defunct premix dispensers.

But, the longevity of Bang! doesn't depend on the way it's distilled.

Bang!'s brawn stems from how the company contends with larger competitors like Coca-Cola and Pepsi Co. A recent phenomenon for Fox, many beverage companies are inking deals with restaurant chains to keep the lesser-known drinks out of the mix.

El Pollo Loco was once Bang!'s largest client, producing about $1 million in annual revenues for the company. But after striking a deal with Coca-Cola, Bang! was banished from El Pollo Loco chains.

``That was a tough loss for us,'' Fox said.

A spokeswoman for the chicken restaurant said the company simply could not turn away the assistance offered by the much larger beverage maker.

``Coca-Cola provided lots of added value for us. They help us with marketing research and crew training,'' said Julie Weeks of El Pollo Loco. ``And Coke is able to suit a wide variety of tastes.''

Those characteristics are challenging Bang!'s ability to stay afloat. Among the only salvos to Bang!'s woes is being bought out by a larger competitor.

``Until that happens, we'll keep delivering the product we've been serving for three decades,'' Fox said. ``We depend on the people that like our product.''

CAPTION(S):

3 photos

Photo:

(1 -- color) David Fox, who invented Orange Bang! 30 years ago, makes sure his Sylmar-based firm is always developing new flavors for consumers.

(2 -- color) Romulo Franco stirs a batch of Orange Bang! at the company's headquarters.

Evan Yee/Staff Photographer

(3) Juan Frias, a service technician, works on an Orange Bang! beverage dispenser.

Evan Yee/Staff Photographer