SAN DIEGO, Calif. (Legal Newsline) – A consumer claims a brand of energy shot drinks are misbranded and unlawfully labeled because the products do not disclose that they are artificially flavored.
Elisa DePhillippis, on behalf of herself and all others similarly situated and the general public, filed a complaint on Feb. 22 in the U.S. District Court for the Southern District of California against Living Essentials LLC and Innovation Ventures LLC alleging fraud by omission, negligent misrepresentation and other counts.
According to the complaint, the defendants manufacture and distribute the 5-Hour Energy brand of flavored "energy shot" beverage products that are labeled with natural fruit names like grape and citrus. The plaintiff alleges none of the products contain the fruit or fruit juices as represented on the labels and that under California law, this must be disclosed on the label. She alleges she was injured by the deceptive packaging.
The plaintiff requests a trial by jury and seeks award of punitive damages, pre- and post-judgment interest, attorney fees, costs and such other and further relief as the court may deem just, equitable, or proper. She is represented by Ronald A. Marron of Law Offices of Ronald A. Marron in San Diego.
U.S. District Court for the Southern District of California case number 3:18-cv-00404-BEN-MDD