General Merchandise/HBC

5 hour Energy Returns Fire at Attorneys General

Energy-shot maker claims politicians asked for contributions, sued when denied

FARMINGTON HILLS, Mich. -- 5 hour Energy took a fresh shot today at attorneys general in two of the three states that have filed lawsuits against the company.

5 hour Energy lawsuit

The maker of the best-selling energy shot, Living Essentials, which is being sued for false advertising by the AGs in Washington, Oregon and Vermont, said it wants to bring to light "what’s going on behind closed doors and encourage the public to ask some very important questions: Is it appropriate for an attorney general to ask for money from a company they plan to sue?"

“The attorney general of Washington, Bob Ferguson, called us two weeks ago to solicit a campaign contribution.  Now we’re being sued.  This isn’t appropriate behavior,” 5-hour Energy said in a statement released to CSP Daily News today. “The attorney general of Oregon, Ellen Rosenblum, suggested that if we give them money, the lawsuit would go away. We said no, and the lawsuit followed.”

“Is the timing of these lawsuits a coincidence?” the company asked in a press release. “Isn’t the attorney general supposed to protect us from real criminals? If the Attorney General is supposed to look after us, who is looking after the attorney general?”

It added, “For bad-apple politicians, the welfare of their citizens is the last thing on their minds. These folks are motivated by money and getting elected, and they cast a dark shadow on the good politicians who actually care about the citizens of their state.”

Further, Manoj Bhargava, the founder of 5-hour ENERGY, said, “Ninety percent of my money is pledged to charity. I am certainly not going to take it from the poor and give it to the attorney general.”

5-hour Energy is a liquid energy shot that provides a feeling of energy and alertness that lasts for hours. It contains a blend of B-vitamins and amino acids, zero sugar, four calories and caffeine comparable to a cup of the leading premium coffee.

The lawsuits target allegedly misleading claims that the product will not cause consumers to experience a "crash" after using the energy shot. It also focuses on claims that the product has been recommended by doctors in a way that it has not and that the product is appropriate for adolescents age 12 years and older.

Shortly after the lawsuit was announced, 5 hour Energy stated, "The attorneys general are grasping at straws, and we will fight to defend ourselves against civil intimidation."

Members help make our journalism possible. Become a CSP member today and unlock exclusive benefits, including unlimited access to all of our content. Sign up here.

Multimedia

Exclusive Content

Foodservice

Opportunities Abound With Limited-Time Offers

For success, complement existing menu offerings, consider product availability and trends, and more, experts say

Snacks & Candy

How Convenience Stores Can Improve Meat Snack, Jerky Sales

Innovation, creative retailers help spark growth in the snack segment

Technology/Services

C-Stores Headed in the Right Direction With Rewards Programs

Convenience operators are working to catch up to the success of loyalty programs in other industries

Trending

More from our partners