back to top

We’ve updated our privacy notice and cookie policy. Learn more about cookies, including how to disable them, and find out how we collect your personal data and what we use it for.

Business

5-Hour Energy Sued For Deceptive Advertising

At issue are the drink-maker's claims that 5-Hour Energy contains a "unique blend of ingredients" that boost energy and prevent crashes.

Posted on

The makers of 5-Hour Energy have been sued in three states over allegations that the company engaged in deceptive advertising.

At issue are the company's allegedly misleading claims that the energy drink contains a "unique combination of ingredients" that provide an energy boost, preventing a caffeine-induced "crash," Reuters reported. The lawsuits allege that the drink's only effective ingredient is concentrated caffeine. The suit also claims the drink-maker misled consumers by saying the drink had been recommended by doctors.

The suits, filed in Oregon, Washington and Vermont, seek an injunction to 5-Hour Energy's advertising as well as civil penalties and restitution for consumers. They are the result of a 2012 investigation by 33 states into 5-Hour Energy manufacturer Living Essentials and its parent company, Innovation Ventures.

"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. Similar suits are expected to follow in other states, Rosenblum said.

A representative for 5-Hour Energy called the lawsuits "grasping at straws" and said they amounted to "civil intimidation."

Molly Hensley-Clancy is a politics reporter for BuzzFeed News and is based in Washington, DC.

Contact Molly Hensley-Clancy at molly.hensley-clancy@buzzfeed.com.

Got a confidential tip? Submit it here.