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Court upholds ruling against 5-Hour Energy for deceptive advertising

5-Hour Energy
Mike Mozart
/
Flickr

The Washington state Court of Appeals has upheld a lower court ruling that 5-Hour Energy violated Washsington's Consumer Protection Act by engaging in false advertising.

Washington claimed Living Essentials, the company behind 5-Hour Energy, misled consumers by running ads saying the energy shot was superior to coffee because of the way its ingredients interacted with caffeine, something the state said was not backed by scientific evidence.

The ads also implied that doctors recommended the product, which the state said was deceptive.  In 2016, the state won its case in King County Superior Court. The company appealed and in an opinion issued March 18, the Washington appeals court sided with the state.

Washington Attorney General Bob Ferguson said the purpose of the state’s Consumer Protection Act is to make sure people are treated fairly in the marketplace.

"In other words, consumers should know what product they’re purchasing and be aware of what’s true and what’s false," Ferguson said. "You can’t deceive consumers." 

The company also must pay about $2 million to the state. Last year, sales of 5-Hour Energy in the United States amounted to about $205 million.

Paula is a former host, reporter and producer who retired from KNKX in 2021. She joined the station in 1989 as All Things Considered host and covered the Law and Justice beat for 15 years. Paula grew up in Idaho and, prior to KNKX, worked in public radio and television in Boise, San Francisco and upstate New York.