As a result, the court found that this claim was properly substantiated and that the AG had failed to prove the claim was deceptive. The court found that the amounts of these nutrients in 5-Hour ENERGY® were sufficient to achieve the beneficial effects. The court then did an incredibly thorough review of the science on the beneficial effects of B vitamins and other nutrients in the product, noting the science showing they aid metabolism, increase blood flow, and promote general health. The court found that the company’s ads expressly claimed that the vitamins and nutrients in 5-Hour ENERGY® play a role in providing energy, alertness and focus. Did defendants violate the CPA by claiming that doctors had recommended 5-Hour ENERGY® (Ask your Dr.Did defendants violate the CPA by claiming that consumers would not experience a “crash” after drinking 5-Hour ENERGY® (Crash Claim)?.Did defendants violate the CPA by claiming that Decaf 5-Hour ENERGY® provides energy, alertness, and focus (Decaf Claim)?.Did defendants violate the CPA by claiming that the effects of 5-Hour ENERGY® are superior to consuming the equivalent amount of caffeine (Superior to Coffee Claim)?.Did defendants violate the CPA by claiming that the non-caffeine ingredients in 5-hour ENERGY® provide energy, alertness and focus (Vitamin Claim)?.The court considered five claims at trial, assessing the company’s advertising to determine whether the claims were made, and then the substantiation to support the claim if made. The legal framework used by the court mirrored that used by the FTC in determining whether the claims were deceptive. At trial, the court considered live or deposition testimony from close to 20 scientific experts, including a former Director of the FTC’s Bureau of Consumer Protection, Howard Beales. While the other states appear to have closed their investigations, in 2014, Washington State sued and subsequently filed an amended complaint in 2015. The case arose out of a multi-state investigation that began in 2012. How the court reached its decision is worth spending a little time if you have the energy. The court found for the AG on some claims and for the defendants on some others.

For those of you who do not watch TV, browse the Internet, visit convenience stores or spend time with college students, 5-Hour ENERGY® is an “energy drink” marketed as a dietary supplement, with ingredients consisting of caffeine, B vitamins and other nutrients. On October 7, 2016, after two years of litigation and a trial, Judge Beth Andrus of the Superior Court of King’s County Washington issued a 59 page opinion resolving claims the Washington State AG had made against the makers of 5-Hour ENERGY® for alleged deceptive advertising in violation of the Washington Consumer Protection Act (CPA). Well, the states appear focused on this segment, too. We have written several times about the FTC’s effort to rein in what it sees as unsubstantiated cognitive improvement claims (see prior blogs: Brain Training, Lumosity, Word Smart, and Your Baby Can Read).

Decaf 5 hour energy