Over concerns of deceptive and misleading advertising, Oregon, Washington and Vermont filed a lawsuit against the makers of 5-Hour Energy on Thursday. It has also been claimed that the suits will be soon followed in other states in the coming weeks.
The Oregon lawsuit against the makers of the caffeine-charged beverage, Michigan-based manufacturer Living Essentials and its parent company Innovation Ventures was filed in Multnomah County Circuit Court. Washington Attorney General Bob Ferguson said in a statement that similar suits have also been filed by Washington and Vermont.
All three states want to impose a permanent ban on deceptive marketing strategies of 5-Hour Energy, in addition to civil penalties and restitution to consumers.
"We believe the 'energy' provided by 5-hour ENERGY products are derived solely from caffeine, not from vitamins and amino acids as their ads claim. In addition, we believe the energy blend does nothing and the no sugar crash statement is misleading", said Ferguson.
Labels of 5-hour ENERGY products claim to consist of caffeine and an energy blendcontaining amino acids, tyrosine, phenylalanine, and other ingredients. But, they do not tell anything about the amount of each ingredient present in the energy blend, added Ferguson.
Living Essentials LLC and Innovation Ventures LLC are the companies that produce 5-hour ENERGY products.
After reviewing scientific evidence provided by the companies to support their market claims during the investigation, the agency found that the company failed to prove the veracity of the claims. It was also found during the investigation that the company that produces5-hour ENERGY products has violated state consumer laws through unfair or deceptive advertisements.
The accuracy of 5-hour ENERGY advertisements and marketing claims are being investigated by about 30 other state attorneys general, said Ferguson.
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