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Three States Sue Makers of 5-Hour Energy Alleging Deceptive Advertising

The Attorneys General of Oregon, Washington and Vermont each have filed suit against Living Essentials, LLC, and Innovation Ventures, LLC, the makers of 5-Hour Energy drink, alleging that advertising for the product violates their states’ consumer protection laws by making deceptive and misleading claims. 

All three suits make essentially the same allegations. The primary focus is on the claim that 5-Hour Energy drink contains a proprietary blend of ingredients, including “vitamins, enzymes and amino acids,” that provide users with “energy, alertness and focus” when, the suits allege, the only ingredient that has any effect is, as Oregon Attorney General Ellen F. Rosumblum put it, a “concentrated dose of caffeine.”

Additional claims alleged to be deceptive include claims that using 5-Hour Energy drink does not cause users to experience a “sugar crash”, that it has been recommended by doctors in a way it has not, and that the product appropriate for adolescents 12 years of age and older.

All three suits seek injunctions prohibiting the alleged deceptive and misleading claims, as well as consumer restitution and fines for violations of state consumer protection laws.

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