Attorneys General from Oregon and Washington filed suit Thursday against the makers of a popular energy drink.
5-hour ENERGY is sold in two-ounce bottles in more than 100,000 stores nationwide. It's advertised widely on radio, TV, and online:
An online ad sells the drink this way: "Instead of refueled and focused, you're foggy and sluggish. It's that 2:30 feeling again. So how do you get your clear, alert feeling back?"
Oregon Attorney General Ellen Rosenblum's lawsuit challenges 5-hour ENERGY's marketing in four ways: regarding what the beverage does, whether there's a "crash," whether doctors support it, and whether it's safe for young people over 12.
The suit argues the ads are "false, misleading, and/or unsubstantiated by competent and reliable scientific evidence."
Company officials fired back saying they're "being bullied," and wouldn't "pay the ransom." It goes on to ask if Rosenblum will sue Starbucks for selling coffee.
Melissa Skabich, PCE Communications on behalf of 5-hour ENERGY gave this statement:
“When companies are being bullied by someone in a position of power, these companies roll over, pay the ransom, and move on. We're not doing that. Oregon's Attorney General, Ellen Rosenblum, is grasping at straws, and we will fight to defend ourselves against civil intimidation. Ms. Rosenblum alleges that the only ingredient in 5-hour ENERGY that has any effect is the caffeine. If so, is Ms. Rosenblum going to sue Starbucks for selling coffee? Obviously she has nothing better to do.”
However, the lawsuits question the company's claims that 5-hour ENERGY is more than just a concentrated dose of caffeine.
