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Ore. AG suing over 5-Hour Energy

By Bryan Cohen | Jul 18, 2014

SALEM, Ore. (Legal Newsline) - Oregon Attorney General Ellen Rosenblum filed a lawsuit on Thursday against the makers of an energy drink that allegedly made deceptive and misleading claims about their products.

Living Essentials and Innovation Ventures are the makers of the energy drink 5-Hour Energy, which is sold at more than 100,000 retail locations throughout the U.S. Rosenblum alleged the companies repeatedly violated the Oregon Unlawful Trade Practices Act by making deceptive and misleading claims about 5-Hour Energy products.

Rosenblum's suit also alleges Living Essentials and Innovation Ventures used radio, print, television and internet advertising to claim that 5-Hour Energy products contain a unique blend of ingredients that provide consumers with energy, focus and alertness, when the only ingredient that provides any effect is the concentrated dose of caffeine.

"This lawsuit is about requiring truth in advertising," Rosenblum said. "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."

The lawsuit also targets allegedly misleading claims that 5-Hour Energy products will not cause consumers to experience a crash and that the products have been recommended by doctors in a way that they have not. Living Essentials and Innovation Ventures also allegedly claimed that the products are appropriate for adolescents aged 12 and up.

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