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5-Hour ENERGY Drink Violates Consumer Protection Act


SEATTLE – The makers of 5-hour ENERGY violated Washington State Consumer Protection Act by releasing false facts in the company’s ads, according to a ruling filed in King County Superior court on Monday.

Attorney General Bob Ferguson filed a lawsuit in July 2014 against the company for deceiving consumers with ads. One ad campaign claimed doctors recommended 5-hour ENERGY.  The company also claimed the energy drink was better than coffee because of how 5- hour ENERGY interacted with caffeine.  Today’s court ruling says the ads were not backed by scientific evidence.

“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.”

It was also determined the company’s claim that 73% of doctors recommend 5-hour ENERGY was not accurate.  According to the ruling, the company unfairly used two separate surveys with different methods to gather their statistics.  An expert also testified that the company used biased questions to generate skewed statistics.

However, the non-caffeine ingredients listed on the company’s product may support energy and alertness and therefore does not violate the Consumer Protection Act, according to the court ruling.

The judge will later determine the penalties and remedies of this lawsuit.

View court documents here.

Photo by Spencer Platt/Getty Images


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