DENVER -- A man accused of replacing labels on dozens of Gatorade bottles in Colorado with ones that pictured Tiger Woods and the word "unfaithful" may plead guilty.

The charges against Jason Kay, 38, allege he misbranded and altered food labels with intent to hurt a brand or business. Safeway and King Soopers workers found mislabeled bottles in stores in Boulder, Erie, Broomfield and Longmont, prosecutors said.

Kay allegedly told an investigator for the Food and Drug Administration Office of Criminal Investigations he is an artist and considered the changed labels to be pop art in the style of Andy Warhol, according to an affidavit.

The bottles feature the altered label instead of the brand’s usual slogan "Focus." None of the bottles appeared to have been opened.

The bottles were individually numbered and included an e-mail address that matched one that sent an e-mail to PepsiCo North America claiming responsibility for the labels, the affidavit said. The e-mail, signed with the name Jason Kay, said Kay represented an artist behind the labels turning up in Denver-area stores and asked Gatorade if it wanted to quietly support the artist by paying for him to travel to various cities, don a Gatorade shirt and put more bottles with replaced labels on store shelves, according to the affidavit.

"It is good for Gatorade and it is good for art," the e-mail said.

The FDA traced the e-mail address to Kay, who confirmed the address is his, the affidavit said.

Kay's defense attorney Paul McCormick confirmed that a plea agreement is in the works.

If convicted of the charges together, Kay faces a maximum five-year prison term and $450,000 in fines.