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Multiple 5-Hour ENERGY Class Action Lawsuits Filed

By Mike Holter

 

5 Hour Energy

UPDATE 6/10/13: The JPML consolidated the 5-Hour ENERGY Class Action Lawsuits into a California MDL.


The company behind 5-Hour ENERGY has been hit with a slew of class action lawsuits alleging it falsely advertised that the dietary supplement provides five hours of sustained energy without a “crash” later.

One of the 5-Hour ENERGY class action lawsuits, filed in Illinois by plaintiff Thomas Guarino, is seeking over $5 million in damages from defendant Innovation Ventures LLC (d/b/a Living Essentials). Two other complaints were filed in Missouri and Louisiana.

At issue in the class action lawsuits is the product statement “Hours of energy now – No crash later,” which Guarino says “is not true, as admitted on the Defendant’s website and hidden behind the bottles in the display, which reads: ‘No crash means no sugar crash.’”

“Reasonable consumers should not be expected to look beyond deceptive representation[s] made on the display and label to discover the truth about a product from an ingredient list set out in small print on the side of the package, or on the Defendant’s website,” Guarino says in his class action lawsuit.

Guarino further alleges that Living Essentials has knowledge of studies that show less expensive competing products perform the same as 5-Hour ENERGY and that 5-Hour ENERGY wears off just as quickly, if not quicker, than other energy product alternatives while delivering the same “crash” after effects.

As a result, consumers suffered economic damages by purchasing a product that didn’t word as advertised, he says, adding that they would not have paid more for 5-Hour ENERGY over cheaper alternatives if they knew the truth.

Guarino is seeking to represent all individuals or entities in the United States that purchased 5-hour ENERGY Shot products during the relevant time frame.

The case is Guarino v. Innovation Ventures LLC, d/b/a Living Essentials, Case No. 13-cv-00101-GPM-PMF, U.S. District Court, Southern District of Illinois.

The other 5-Hour ENERGY Class Action Lawsuit cases are:

Forrest v. Innovation Ventures LLC, Case No. 13-cv-00172, U.S. District Court, Eastern District Missouri.

Waring, et al. v. Innovation Ventures LLC, Case No. 13-cv-00156, U.S. District Court, Eastern District Louisiana.

 

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Updated June 10th, 2013

 

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27 Comments

  • Danielle March 6, 2013

    wooo-hooo glad this product is in class status….yippie now no- doz need to be in class status also……. these companies lying to the consumer just to get richer……shame shame shame!!!!! :-(!

  • Me March 12, 2013

    Um, the front of their bottles and the homepage of their website clearly says, “No sugar crash”. Every ad I’ve ever seen for this product clearly says “No crash means no sugar crash.” That sounds like adequate disclosure in my opinion. Besides, if the print was allegedly too small for all disclosures that are allegedly required, they’d need to put the 1.93oz of product into a 55 gallon barrel. They even go beyond FDA requirements by not rounding the caloric content (they could truthfully allege 0 calories for the purpose of complying with federal labeling laws, but they clearly disclose 4 calories).

    Defendants also allege that customers kept buying more of the product because it was allegedly defective. That’s like trading a flux capacitor for a Libyan nuclear bomb, then continuing to do more such trades with the same mad scientist.

    This suit seems as bad as the morons that kept drenching sprayable butter onto vegetables. “There are 0 calories in this 0.25g serving of solidified milk fat, and 100 x 0 = 0. Why am I gaining weight?”

    These frivolous suits bring us one step closer to full communism.

  • dorisene March 12, 2013

    i drunk the stuff all the time you never no what you think is good for you are actually bad

  • Dennis the Menace March 12, 2013

    Duh.. you pound caffeine in shot form daily and you are surprised it might make you unhealthy? I pound vodka in my tomato juice every morning for my boost and I know my liver will fall out of my ass one day. So get real people. Stop making the lawyers rich with this bullshit.

  • vivian March 12, 2013

    i agree shame shame shame!!!!!!!!!!

  • Zenobria Brito March 12, 2013

    Please include me in this.

  • Carlton March 12, 2013

    As an OTR driver I remember my first 5-hr energy drink and there was a hard crash afterwards. The crash was so hard that I was ill for most of that day. I learned I could drink the the stuff and get away without less pain if I was only sem-tired. And if I didn’t wanted to be ill not to go near this Energy Drink if I was dead tired because there would be a wicked big crash at the end. It would give me an ill yet lifeless feeling like the Flu of something. I just won’t use it if I can fine somethingelse. Whatever the reason the stuff never sat well with me.

  • Patty March 12, 2013

    I dranked that crap 5 Hour Energy, when I worked the overnight shift. Sometimes I would work a 15hr. shift. That crap made me ill. I bought mine in a local pharmacy and very expensive. I won’t drink that crap anymore.

  • Luis March 13, 2013

    I bought many 5 hour energy drink and I notice it didnt last the 5 hous because my classes were 12-5 by than I was very tired

  • mari March 14, 2013

    I felt sick also and had terrible gas. The worrst part was I was still soo tired! :( fart fart fart :( fart fart to all of,you

  • Lynn Crisci March 15, 2013

    I KNEW IT…No crash my a$$.
    I’m glad they’re getting called out on their LIE.

  • Jenn March 15, 2013

    Include me. I felt sick after drinking this, and had a major crash after. Never again.

  • karen k March 15, 2013

    Everyone of these energy and diet pills are lying to the public, I got no energy and taking diet pills off the shelf made no difference, stll hungry and no energy

  • Tina March 16, 2013

    I work in a medical facility and a rep delivered the 5 hour energy for the staff and stated that with this product there is no crashing when it wears off. I only drank half and crashed after two hours. Another employee and myself told the rep this when he came in with another batch to supply and he said well then maybe try the decaffinated drinks. INCLUDE ME PLEASE

  • Robert Halun March 16, 2013

    I used this product about 12 times and thought “it must be me since I felt no improvement”.
    Just another Get Rich Quick Scam to pull on the public !
    Sign Me Up.

  • gloria cowan March 21, 2013

    work at night, was hopeing for a better result. worked better if don’t eat for an hour afterwards. But not 5 hours.

  • Eileen March 21, 2013

    I read each and everyone responses regarding the 5hr energy drink..to see if anyone had the experience I had. I used the energy drink twice…and both times were for long distance travels. The first trip was to S. Carolina for a funeral. I was the night driver so I purchased the energy drink at a gas station rest stop. After about 30 minutes of consuming it..I had the shakes. I stopped again..so that another driver could take over. Once the car stopped. I felt the entire car shaking! I didn’t say anything to no one until I went to the rest room..I asked a cousin did she feel the bathroom floor shaking. She started laughing saying I was tripping!
    The second trip was to Florida. I was the only driver. My mother and aunt wanted to go see their brother before he passes. Couldn’t find another driver to help me drive. So, I did it alone. Again, taking the 5hr drink on the road…it happened again! This time, I had to stay overnight in a hotel while it took its time getting out of my system.
    Anyone else went through this?

  • Sharon March 25, 2013

    I use this product for the first time, I was driving from Raleigh, N. C. to Connecticut. I had the shakes after I drank the 5 Hour Energy and it made me more tired than what I was. Had to stop at a Truck stop and sleep for about two hours was making this trip by myself. Did not work even after I drank another one. Just thought it was me, since other people said it worked. But it did not work for me.

  • jennifer March 27, 2013

    I tried the 5 Hour Energy drink and it did nothing but give me the shakes and a bad come down crash after. I would never buy this again.

  • Magaly Rivera April 15, 2013

    I bought many 5 hour energy drink and I notice it didnt last the 5 hours and I was very tired

  • brian June 10, 2013

    How do you file a claim?

  • osvaldo July 17, 2013

    I use this product for the first time I was driving from houston to florida its very good

  • Brian July 29, 2013

    This lawsuit is crap. Financial loss is the equivalent of eating a burger at Burger King, when you can get cheaper and better by making it yourself at home. Sometime it isn’t cheaper, and it is definitely more convenient to eat at the fast food place.

    Getting a 5-hour energy isn’t about getting the best price or quality, it is convenience.

    The best option is sleep with a healthy exercise and diet regiment. However that isn’t convenient. 5 hour energy was never about replacing the best option, it was about getting you past that hump when you just cannot break away for a nap.

    That being said, if you don’t like it, don’t buy it. If you don’t follow directions, then pay the price. If you are stupid, stop punishing other people for being stupid.

  • Brian July 29, 2013

    This lawsuit is crap. Financial loss is the equivalent of eating a burger at Burger King, when you can get cheaper and better by making it yourself at home. Sometime it isn’t cheaper, and it is definitely more convenient to eat at the fast food place.

    Getting a 5-hour energy isn’t about getting the best price or quality, it is convenience.

    The best option is sleep with a healthy exercise and diet regiment. However that isn’t convenient. 5 hour energy was never about replacing the best option, it was about getting you past that hump when you just cannot break away for a nap.

    That being said, if you don’t like it, don’t buy it. If you don’t follow directions, then pay the price. If you are stupid, stop punishing other people for being stupid.

  • Brian July 29, 2013

    This lawsuit is crap. Financial loss is the equivalent of eating a burger at Burger King, when you can get cheaper and better by making it yourself at home. Sometime it isn’t cheaper, and it is definitely more convenient to eat at the fast food place.

    Getting a 5-hour energy isn’t about getting the best price or quality, it is convenience.

    The best option is sleep with a healthy exercise and diet regiment. However that isn’t convenient. 5 hour energy was never about replacing the best option, it was about getting you past that hump when you just cannot break away for a nap.

    That being said, if you don’t like it, don’t buy it. If you don’t follow directions, then pay the price. If you are stupid, stop punishing other people for being stupid.

  • Yhjma September 16, 2013

    I really don’t understand all of these comments:
    1. If you took it once, and it made the “floor shake”, why on earth would you take it again? Sounds like you are a fool.
    2. If you took it once, and it gave you the “shakes”, why would you take it again? Sounds like you are a fool.
    3. If you took it once and it didn’t “do anything” – why would you take it ELEVEN more times? Sounds like you are a fool.
    So, I could go on about the ridiculous comments I have read here. Amazing how someone doesn’t realize how ignorant they are making themselves look.
    For me, the reality is that I took the 5-hour energy because I was feeling tired into a 7 hour drive. It worked great -and I had no “crash” afterwards. I tried it again on another trip – same thing – worked great, no crash. So maybe the product works for some people and not others. And if it doesn’t work for you, don’t take it. That simple.

  • Mickie Starks January 20, 2014

    please include me for the bulletin

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