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5-Hour ENERGY Class Action Lawsuits Consolidated into Calif. MDL
By Matt O’Donnell
Nine class action lawsuits accusing Innovation Ventures LLC of falsely marketing 5-Hour ENERGY drinks have been consolidated in California federal court.
On June 5, 2013, the U.S. Judicial Panel on Multidistrict Litigation moved the 5-Hour ENERGY class action lawsuits – currently pending in eight district courts – to the Central District of California, saying centralization of the actions is appropriate.
The panel said all the lawsuits share factual questions arising out allegations that Innovation Ventures used false advertising and deceptive marketing to mislead consumers into believing its 5-Hour ENERGY “energy shot” provides five hours of sustained energy without a “crash” later.
“Centralization will eliminate duplicate discovery; prevent inconsistent pretrial rulings, including with respect to class certification; and conserve the resources of the parties, their counsel, and the judiciary,” the panel wrote in the Transfer Order.
Many of the plaintiffs favored centralizing the class action lawsuits in Ohio, but the JPML agreed with Innovation Ventures that California would be the best location to create the 5-Hour ENERGY MDL for several reasons, including that more than one action is already pending there; the first class action lawsuit of the group was filed there; and because U.S. District Judge Philip S. Gutierrez – who is presiding over that first action – is already familiar with the issues in the litigation.
The 5-Hour ENERGY class action lawsuits contend that the “energy shots” wear off just as quickly, if not quicker, than other energy products while delivering the same “crash” after effects. If consumers knew about these facts, they would not have paid more for 5-Hour ENERGY over less expensive competing products, plaintiffs say.
The new consolidated action is In Re: 5-Hour ENERGY Marketing & Sales Practices Litigation, MDL No. 2438, in the U.S. Judicial Panel on Multidistrict Litigation.
UPDATE: On Jan. 23, 2017, the makers of 5-Hour Energy asked a federal judge to end a consolidated false advertising class action lawsuit in their favor, without going to trial. The defendants argued that evidence revealed in discovery destroys the plaintiffs’ claims that 5-Hour Energy is not effective.
Updated June 10th, 2013
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6 thoughts on5-Hour ENERGY Class Action Lawsuits Consolidated into Calif. MDL
UPDATE: On Jan. 23, 2017, the makers of 5-Hour Energy asked a federal judge to end a consolidated false advertising class action lawsuit in their favor, without going to trial. The defendants argued that evidence revealed in discovery destroys the plaintiffs’ claims that 5-Hour Energy is not effective.
that shit had me all gittery and nervous then my stomach started hurting and I had to go to the bathroom in the 99cents store this was a bad experience
I had the same exact problem as Joyce Wooten.
My heart hurt and fluttered..
I felt the same way Joyce, I drank one and felt nothing, but was up for hours after I wanted to be.
I felt the same way Joyce, I drank it and felt nothing, but hours later was up when I didn’t want to be.
I was working overnight,and tried these several times. It didn’t kick in for several hours,then I was up all day!!! Someone said to eat first-still the same result,and caused my heart to hurt & flutter. Now I see people are dying from this product.-I want a refund-but it needs to be taken off the market!!!