Idaho’s attorney general has settled a lawsuit against the companies that manufacture and sell 5-Hour Energy products.
Attorney General Lawrence Wasden alleged in the lawsuit filed in May that Living Essentials LLC and Innovation Ventures LLC violated Idaho’s consumer protection laws by engaging in “false, deceptive or misleading practices in advertising and promoting their products.” The alleged misrepresentations include describing their energy-shot products as recommended by doctors.
The companies denied breaking the law.
The settlement, approved by Fourth District Judge Richard Greenwood this week, requires the companies not to falsely claim their 5-Hour Energy products have sponsorships, benefits or ingredients they do not have. The companies will pay $9,000 to Wasden’s office for investigation and litigation fees and costs.
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The companies, for products to be sold in Idaho, also agreed:
▪ To transition their marketing language on 5-Hour Energy products from using the word “crash” to using the words “no sugar crash.”
▪ To label the products with warnings for women who are pregnant or nursing, and warnings that the products are not recommended for children.
▪ To use survey data in advertisements only if the survey was “created, conducted and evaluated in an objective manner by qualified people who used methods generally accepted in the profession to produce accurate and reliable results.”
▪ To list the amount of caffeine in the products.
▪ To use only testimonials or endorsements that comply with Federal Trade Commission rules.
▪ Not to use or hire minors to promote products or appear in advertisements for the next 3.5 years.
▪ Not to use the name, logo or mascot of any elementary, middle or high school in promoting the products.
▪ Not to promote its products at school events.
▪ Not to use child-oriented animated characters in product marketing.