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Hawaii sues over 5-Hour Energy drink claims

Hawaii has joined at least three other states in suing the maker and distributer of 5-Hour ENERGY drinks for allegedly making false, misleading and unsubstantiated claims about their products.

The state Office of Consumer Protection filed a lawsuit in state court Thursday against Michigan-based companies Living Essentials. LLC and its parent  Innovation Ventures, LLC.

The lawsuit asks the court to find Living Essentials and Innovation Ventures in violation of state unfair and deceptive practices and trade practices laws in their advertising for 5-Hour ENERGY drinks, order the companies to stop and to fine them $10,000 for each violation. It also asks the court to order the companies to give up the profits from their alleged violations, award any Hawaii consumers injured by the violations full restitution and for attorney fees and costs.

Oregon, Washington and Vermont filed similar lawsuits last summer.

No official for Living Essentials or Innovation Ventures could be reached for comment.

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