States sue 5-Hour Energy over advertising claims

PORTLAND, Ore. (AP) - Two attorneys general from the Northwest have sued the companies responsible for the popular 5-Hour Energy drink, alleging they engaged in deceptive advertising.

The Oregon lawsuit filed Thursday in Portland contends 5-Hour Energy falsely claims customers get extra energy and focus from a unique blend of ingredients, when the boost actually comes from a concentrated dose of caffeine.

The suit also targets claims that users don't experience a crash when the effects subside and that the product is OK for adolescents.

Oregon has been part of a group leading a 33-state investigation into the accuracy of the product's claims. Washington state's attorney general filed a similar lawsuit Thursday in King County Superior Court in Seattle.

Other states are expected to file suit as well, said Kristina Edmunson, a spokeswoman for the Oregon Department of Justice.

The lawsuits name Living Essentials LLC and Innovation Ventures LLC as defendants.

5-Hour Energy spokeswoman Melissa Skabich said the company will defend itself against what Skabich called civil intimidation.

"When companies are being bullied by someone in a position of power, these companies roll over, pay the ransom, and move on," Skabich said in a statement. "We're not doing that."

Oregon Attorney General Ellen Rosenblum said 5-Hour Energy violated the state's Unlawful Trade Practices Act. The lawsuit seeks monetary penalties as well as refunds to all Oregon buyers of the decaffeinated version of the product, which, according to the lawsuit, provides no extra energy or alertness.

The heavily advertised energy drink was introduced a decade ago, and is sold at more than 100,000 U.S. retail locations.