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Jul-17-2014 14:05printcomments

Oregon AG Files Lawsuit Against Makers of 5-Hour Energy Drinks

The lawsuit alleges that the companies repeatedly violated the Oregon Unlawful Trade Practices Act by making deceptive and misleading claims about their 5-hour ENERGY products.

5 Hour Energy Drinks
Oregon Attorney General Ellen Rosenblum on Thursday, filed a lawsuit against Living Essentials and Innovation Ventures, the makers of the energy drink 5-Hour ENERGY®. Photo Courtesy: Consumer Reports

(SALEM, Ore. ) - Oregon Attorney General Ellen Rosenblum on Thursday, filed a lawsuit against Living Essentials and Innovation Ventures, the makers of the energy drink 5-Hour ENERGY.

The lawsuit alleges that the companies repeatedly violated the Oregon Unlawful Trade Practices Act by making deceptive and misleading claims about their 5-hour ENERGY products.

The suit also alleges that the company used print, television, Internet and radio advertising to claim that 5-hour ENERGY contains a unique blend of ingredients that provide consumers with energy, alertness and focus, when in reality the only ingredient that provides any effect is the concentrated dose of caffeine.

“This lawsuit is about requiring truth in advertising,” said Attorney General Rosenblum. “Plainly and simply, in Oregon you cannot promote a product as being effective if you don’t have sufficient evidence to back up your advertising claims.”

The lawsuit, which was filed in Multnomah Circuit Court, also targets allegedly misleading claims that the product will not cause consumers to experience a ‘crash’.

The suit also focuses on claims that the product has been recommended by doctors in a way that it has not , and that the product is appropriate for adolescents age 12 year and older.

The suit estimates that 5-hour ENERGY is sold at over 100,000 retail locations through the United States, including many in Oregon.

Source: Oregon Attorney General's Office




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Anonymous July 18, 2014 12:55 pm (Pacific time)

The only false advertising here is saying doctors recommend it and it's appropriate for anybody over 12. Caffeine is also not the only "energy boosting" thing in it, there is also a mix of B vitamins and iron, which people have been taking on their own for years to boost energy - folks even go to their Drs to get B vitamin shots for extreme fatigue. The "no crash" claim is referring to its lack of sugar, which is a major component of other "energy" drinks like Monster or Rock Star. I'm not promoting 5-Hour Energy or it's cousins, but this lawsuit is about as silly as the woman who sued McDonald's for scalding herself when she drove around with hot coffee in her lap.

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