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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
Please included me in this Lawsuit.
I TOOK 5HR ENERGY DRINK AND HAD TO BE CARDIAC VERTIC OVER BECAUSE THE DRINK HAD MY HEART RATE OVER 210 FOR OVER 6HR
I been using 5 hr energy and every time i got a vrash.Liars! Sign me up!
please include me for the bulletin
I really don’t understand all of these comments:
1. If you took it once, and it made the “floor shake”, why on earth would you take it again? Sounds like you are a fool.
2. If you took it once, and it gave you the “shakes”, why would you take it again? Sounds like you are a fool.
3. If you took it once and it didn’t “do anything” – why would you take it ELEVEN more times? Sounds like you are a fool.
So, I could go on about the ridiculous comments I have read here. Amazing how someone doesn’t realize how ignorant they are making themselves look.
For me, the reality is that I took the 5-hour energy because I was feeling tired into a 7 hour drive. It worked great -and I had no “crash” afterwards. I tried it again on another trip – same thing – worked great, no crash. So maybe the product works for some people and not others. And if it doesn’t work for you, don’t take it. That simple.
This lawsuit is crap. Financial loss is the equivalent of eating a burger at Burger King, when you can get cheaper and better by making it yourself at home. Sometime it isn’t cheaper, and it is definitely more convenient to eat at the fast food place.
Getting a 5-hour energy isn’t about getting the best price or quality, it is convenience.
The best option is sleep with a healthy exercise and diet regiment. However that isn’t convenient. 5 hour energy was never about replacing the best option, it was about getting you past that hump when you just cannot break away for a nap.
That being said, if you don’t like it, don’t buy it. If you don’t follow directions, then pay the price. If you are stupid, stop punishing other people for being stupid.
This lawsuit is crap. Financial loss is the equivalent of eating a burger at Burger King, when you can get cheaper and better by making it yourself at home. Sometime it isn’t cheaper, and it is definitely more convenient to eat at the fast food place.
Getting a 5-hour energy isn’t about getting the best price or quality, it is convenience.
The best option is sleep with a healthy exercise and diet regiment. However that isn’t convenient. 5 hour energy was never about replacing the best option, it was about getting you past that hump when you just cannot break away for a nap.
That being said, if you don’t like it, don’t buy it. If you don’t follow directions, then pay the price. If you are stupid, stop punishing other people for being stupid.
This lawsuit is crap. Financial loss is the equivalent of eating a burger at Burger King, when you can get cheaper and better by making it yourself at home. Sometime it isn’t cheaper, and it is definitely more convenient to eat at the fast food place.
Getting a 5-hour energy isn’t about getting the best price or quality, it is convenience.
The best option is sleep with a healthy exercise and diet regiment. However that isn’t convenient. 5 hour energy was never about replacing the best option, it was about getting you past that hump when you just cannot break away for a nap.
That being said, if you don’t like it, don’t buy it. If you don’t follow directions, then pay the price. If you are stupid, stop punishing other people for being stupid.
I use this product for the first time I was driving from houston to florida its very good
How do you file a claim?