SEATTLE (Legal Newsline) — Washington state Attorney General
Bob Ferguson has announced a King County Superior Court ruling against the
makers of 5-hour ENERGY in which the court sided with the state.
The case involved allegations defendants violated
the state’s Consumer Protection Act by making claims in
advertisements that were not backed by concrete scientific evidence. Ferguson
charged the company’s “Ask Your Doctor” campaign inappropriately combined two separate surveys. One survey was done
online and one on paper, and they were allegedly done using different
Ferguson said the surveys did not actually support the
ad’s conclusion that 73 percent of doctors support 5-hour
“The makers of 5-hour ENERGY misled consumers in pursuit of
profit,” Ferguson said. “They broke the law, and they will be held accountable
for their deception.”
Judge Beth Andrus agreed with Ferguson after a three-week
trial, stating the advertisements were indeed misleading.
“None of the studies living essentials submitted to the court support the claim that combining specific B vitamins, taurine, choline,
glucuronolactone and tyrosine with caffeine will cause the energy, alertness
and focus effects of caffeine to last longer than if the caffeine were consumed
alone,” Andrus said her statement.
Andrus will determine penalties at a later date. The state’s
case was handled by Lisa Erwin and Trisha McArdle, both senior counsels with the
Attorney General’s Office, and assistant attorneys general Daniel Davies and