According to the Huffington Post, three states are suing 5-Hour Energy for misleading advertising. Oregon, Washington, and Vermont are leading the charge and say more states will be filing suits in the coming weeks. All three states are seeking a permanent injunction preventing 5-Hour Energy’s misleading marketing practices, as well as restitution to the consumers who consumed the energy drink in those states.
Oregon’s Attorney General, Ellen Rosenblum, stated, “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.” A representative from 5-Hour Energy stated Oregon’s allegations are “grasping at straws” and “civil intimidation” and said the company would fight this suit.
The lawsuit states many issues with 5-Hour Energy’s advertising including 5-Hour Energy’s claim that their product contained a unique combination of ingredients to boost energy, but it’s only effective ingredient was a small concentrated dose of caffeine. Living Essentials stated they sell about 9 million bottles of 5-Hour Energy every single week.