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Energy Drink Sued by Two State Attorneys General

5-hour_energy_2012_11-15

Two attorneys general from the Northwest portion of the country have sued companies responsible for the drink 5-Hour Energy, according to The Associated Press. The attorneys general claim that the company engaged in deceptive advertising practices.

The lawsuit was filed in Oregon on Thursday in Portland. It claims that 5-Hour Energy makes false claims that customers can receive extra energy and focus during the day. The company claimed that the energy and focus comes from a blend of ingredients that are unique. The boost of energy comes from a concentrated dose of caffeine in the drink.

The lawsuit also attacks claims from the company that users do not experience a crash when the effects of the drink subside and that adolescents will not be harmed by it.

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An investigation involving 33 states has centered around the accuracy of the product’s claims and Oregon has been involved. A similar lawsuit was filed Thursday by the attorney general in Washington state at King County Superior Court in Seattle.

Kristina Edmunson, an Oregon Department of Justice spokeswoman said that other states are expected to file lawsuits too.

The defendants named in the lawsuits are Innovation Ventures LLC and Living Essentials LLC. Melissa Skabich is a spokeswoman for 5-Hour Energy. Skabich said, “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.”

The Unlawful Trade Practices Act was violated in Oregon, according to Attorney General Ellen Rosenblum. The lawsuit is looking for monetary compensation and refunds to all Oregon buyers of the drink that is decaffeinated because it does not provide any boost of energy.

“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,” Rosenblum said.

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