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Multiple 5-Hour ENERGY Class Action Lawsuits Filed
By Mike Holter
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.
Updated June 10th, 2013
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
33 thoughts onMultiple 5-Hour ENERGY Class Action Lawsuits Filed
I bought many 5 hour energy drink and I notice it didnt last the 5 hours and I was very tired
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.
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.
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?
work at night, was hopeing for a better result. worked better if don’t eat for an hour afterwards. But not 5 hours.
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.
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
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
Include me. I felt sick after drinking this, and had a major crash after. Never again.
I KNEW IT…No crash my a$$.
I’m glad they’re getting called out on their LIE.