Hawaii suit alleges false advertising by energy drink

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 and 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.

The Hawaii lawsuit says advertising claims that the vitamins and nutrients in 5-hour Energy Original and Extra-Strength causes users to function at enhanced levels are false because the only ingredient that provides any claimed effect is caffeine. The lawsuit also says that Decaf 5-Hour Energy provides none of the advertised feeling of extra energy, alertness and focus because even though the product does have caffeine, the amount it contains is insufficient to have a physiological effect in most consumers.

The state says the advertising claim that users of their products do not experience a "crash" is false and because the companies’ own clinical evidence shows that 24 percent of people who did consume 5-Hour Energy drinks did experience a crash.

The lawsuit also says the companies’ claims that the caffeine in their products is superior to caffeine in coffee and other products are unsubstantiated, and that the method they used to survey doctors about their products was unsound.

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