Quantcast
Connect with us

Oregon files multiple false advertising lawsuits against 5-Hour Energy manufacturer

Published

on

The Oregon Department of Justice filed a motion demanding the makers of 5-Hour Energy provide unredacted data to back its advertising claims.

Attorney General Ellen Rosenblum’s health fraud unit wants evidence that 73 percent of doctors recommend 5-Hour Energy, that people who consume it don’t experience a “crash,” and that the product is safe for teenagers.

ADVERTISEMENT

In April, the unit asked Innovation Ventures, LLC and Living Essentials, LLC, to provide the documentation on which these claims rest. The manufacturers fought the order in June, insisting that it could not cooperate with the state’s investigation into false advertising without revealing trade secrets.

If they provide the Oregon Department of Justice with the unredacted data, they will also have access to the exact formula for the popular drinks. Because 33 other states are a party to Oregon’s lawsuit, that information would not only be made available to those other states, but because they are all government entities, the formula would be subject to Freedom of Information Act requests.

Oregon insists that it cannot judge the veracity of the manufacturers’ claims about 5-Hour Energy without knowing the exact formula. In their countersuit, the manufacturers claim that they have provided a complete list of ingredients, but not the precise amounts, which are unnecessary.

According to a lawyer representing the manufacturers, a list of ingredients is all that is required, because its product’s claim of “no crash” actually means “no sugar crash,” and “[o]ne need only look to the label to verify this claim—sugar is not in the product. There is no need to look at the exact amount of ingredients in the energy blend to confirm this simple truth.”

The state disagrees with the manufacturers’ definition of “no crash,” as well its claims to be safe for consumption. The United States Food and Drug Administration database contains 92 “adverse incident reports” involving the drink, including spontaneous abortion, heart attacks and at least 11 fatalities.

ADVERTISEMENT

[“Funny Faced Wide Eyed Mixed Race Woman Wearing Winter Hat And Gloves Isolated On White Background” on Shutterstock]


Report typos and corrections to: [email protected].
READ COMMENTS - JOIN THE DISCUSSION
Continue Reading

2020 Election

Trump lies about the election being ‘rigged’ — but says he will leave the White House

Published

on

President Donald Trump said Thursday that he would leave the White House if Joe Biden is officially confirmed the winner of the US election, making a further concession of defeat even as he railed against the "rigged" vote.

Trump has made an unprecedented attempt to defy the results of the election by refusing to concede, spreading wild theories about stolen ballots and launching baseless legal challenges that have been thrown out by courts across the country.

Answering his first questions from reporters since the November 3 vote, the president moved closer to accepting that he would serve only one term in office before Biden is inaugurated on January 20.

Continue Reading

Breaking Banner

Idaho columnist offers intriguing theories for the ‘anti-mask mandate mania’ from Republicans

Published

on

Masks that cover the mouth and nose have proven to be one of the most effective ways of containing the COVID-19 pandemic.

But the politicization of the issue continues to be a major Republican concern.

"Idaho Senate Republicans are setting up their agenda for the upcoming 2021 legislative session. As reported in the Post Register, one of their top priorities is to 'pursue measures in January to limit the governor’s emergency powers.' The immediate reason for this, of course, is Gov. Little’s anti-coronavirus measures," columnist Mike Murphy wrote in the Idaho State Journal.

Continue Reading
 

2020 Election

Jake Tapper has a hard truth for Trump after Thanksgiving outburst inside the White House

Published

on

CNN anchor Jake Tapper threw shade at Donald Trump on Thanksgiving after the president had a meltdown at a reporter while answering questions for the first time since President-elect Joe Biden won the 2020 presidential election.

Trump brought up why has refused to concede to Biden during a teleconference address to U.S. troops in the Middle East. The president said he was mentally unable to concede.

"I can't say that at all," Trump said.

Continue Reading