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5-hour Energy pays $4.3 million for false advertising

Staff Writer |
A King County judge has ordered the makers of 5-hour Energy to pay about $4.3 million in penalties, attorneys' fees and costs for multiple violations of the state Consumer Protection Act.

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The attorney general for Washington had filed a lawsuit in 2014 against the makers of 5-hour Energy drink accusing them of deceptive advertising claims.

He alleged that the ads misled consumers into believing that doctors recommend the product, and that the combination of ingredients provides some sort of benefit that is superior to just drinking coffee.

5-hour Energy is a flavored energy shot sold in 1.93 oz. containers. The companies that produce it are Living Essentials, LLC and Innovation Ventures, LLC.

Last September, Judge Beth Andrus ruled in the state's favor, finding that claims in the companies' advertising were deceptive, and therefore violated the Consumer Protection Act.

"The makers of 5-hour Energy broke the law in pursuit of profit, and now they are paying for it," said Washington Attorney General Bob Ferguson.

Judge Andrus has ordered the companies to pay nearly $2.1 million in costs and fees to Ferguson's office and nearly $2.2 million in civil penalties for violations of the Consumer Protection Act.

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