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DailyTidings.com
  • State sues 5-hour Energy maker, claims ads are misleading

  • Turns out that extra bit of energy-in-a-bottle slurped down by thousands is just a shot of caffeine.
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  • Turns out that extra bit of energy-in-a-bottle slurped down by thousands is just a shot of caffeine.
    Oregon Attorney General Ellen Rosenblum today filed a lawsuit against Living Essentials and Innovation Ventures, makers of 5-hour Energy. The lawsuit alleges that the companies repeatedly violated the Oregon Unlawful Trade Practices Act by making deceptive and misleading claims about their products.
    The suit alleges that the company used print, television, Internet and radio advertising to claim that 5-hour Energy contains a unique blend of ingredients that provide consumers with energy, alertness and focus, when in reality the only ingredient that provides any effect is the concentrated dose of caffeine.
    "This lawsuit is about requiring truth in advertising," said Rosenblum, in a statement. "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, filed in Multnomah Circuit Court, also targets allegedly misleading claims the product will not cause consumers to experience a energy "crash." The suit also focuses on claims that the product has been recommended by doctors in a way that it has not, and that the product is appropriate for adolescents age 12 year and older.
    The state estimates 5-hour Energy is sold at more than 100,000 retail locations nationwide.
    — Greg Stiles
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