| July 17
July 17 Oregon, Washington and Vermont sued the
makers of 5-Hour Energy on Thursday for allegedly deceptive and
misleading advertising, and said similar suits will follow in
other states in the coming weeks.
The Oregon lawsuit was filed in Multnomah County Circuit
Court against the makers of the caffeine-charged beverage,
Michigan-based manufacturer Living Essentials and its parent
company Innovation Ventures.
Washington and Vermont filed similar suits, according to a
statement released by Washington Attorney General Bob Ferguson.
All three states are seeking a permanent injunction
prohibiting 5-Hour Energy's allegedly deceptive marketing
practices, as well as civil penalties and restitution to
"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," Oregon Attorney General Ellen
Rosenblum said in a statement.
A representative for 5-Hour Energy described the Oregon
suit's allegations as "grasping at straws" and "civil
intimidation" and said the companies would fight to defend
In its lawsuit, Oregon said advertising for 5-Hour Energy
claimed the drink contained a unique combination of ingredients
to boost energy, whereas its only effective ingredient was a
concentrated dose of caffeine.
The lawsuit also said consumers had been misled with claims
that the drink would not cause them to experience a "crash" like
the one that typically follows a caffeine high, and that it had
been recommended by doctors.
Living Essentials said it sells about 9 million bottles of
5-Hour Energy each week.
A spokeswoman for Rosenblum said other states would file
similar suits over the next few days, and still more in the
The lawsuits are the result of an investigation launched in
2012 by 33 states, in which Oregon, Tennessee, Maryland and
Vermont have taken the lead.
Living Essentials and Innovation Ventures are also facing
pending civil lawsuits from consumers over 5-Hour Energy in
other U.S. courts.
The Oregon case is State of Oregon ex rel Ellen Rosenblum v
Living Essentials LLC and Innovation Ventures LLC, Circuit Court
of the State of Oregon.
The Washington case is State of Washington v Living
Essentials LLC and Innovation Ventures LLC, King County Superior
Court of the State of Washington.
Details of the Vermont suit were not immediately available.
(Reporting by Patience Haggin; Editing by Ted Botha and