A 38-year-old Longmont man accused of replacing labels on dozens of Gatorade bottles with ones picturing Tiger Woods and the word “unfaithful” appeared briefly in U.S. District Court in Denver on Thursday. 
   
Jason Kay's attorney, Paul McCormick, said they're working toward a plea agreement but said it's not finalized. He didn't disclose details of any proposed deal. 
   
Kay faces three product-tampering counts.
   
Court documents say Kay sent an e-mail to PepsiCo, Gatorade's parent company, in which he offered to create the labels as a marketing campaign for the company. PepsiCo contacted the Food and Drug Administration and complained that 1-quart bottles of Tropical-Mango Gatorade had been relabeled and placed on shelves at King Soopers and Safeway stores in Erie, Boulder, Longmont and Broomfield.
   
The FDA estimated that Kay distributed about 67 relabeled Gatorade bottles into stores.
   
In an arrest affidavit, an FDA agent said Kay told him that he made the labels as "pop art" and didn't realize he had done anything wrong.