03/18/2010 05:12 am ET Updated May 25, 2011

Tiger Woods Gatorade Bottle Fraud Investigation Yields Arrest Of Longmont Man

An FDA investigation into the source of a series of phony Gatorade bottles featuring golfer Tiger Woods and his estranged wife Elin Nordegren with the words 'Unfaithful' has yielded an arrest in Longmont. According to the U.S. Attorney's office, "Jason Eric Kay, age 38, of Longmont, Colo., was arrested... without incident on charges of misbranding and altering food labels with intent to cause serious injury to the business of any person."

The bottles began appearing in Denver area grocery stores in the last several weeks before Gatorade representatives removed them from stores.

Kay had admitted to 9 News that he helped a friend with what he referred to as a "pop-art" project, but the criminal complaint indicated that Kay acted alone.

Investigators discovered emails from Kay in which he described how and why he tampered with the bottles. In one email, Kay explained:

The artist will wear a Gatorade t-shirt and act like a Gatorade employee. He will exchange 24 of his labeled bottles for 24 for 24 on the store's shelf. He will then relabel those and do it again at the next store

Kay is expected to appear in court Thursday. The charges could result in a 3-year jail sentence and a $250,000 fine, according to the