Multiple 5-Hour ENERGY Class Action Lawsuits Filed
By Mike Holter
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.
Updated June 10th, 2013
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