The Oregon Department of Justice is demanding that the manufacturers of 5-Hour Energy drinks give them data supporting the company’s advertising claims, according to the Oregonian. That beverage is the subject of an investigation by the FDA, and is facing lawsuits by 33 attorneys general into their marketing campaign.
The brand owner, Living Essentials LLC, tried to block access to the data last year as part of the lawsuit. The ads claim that there will be “no crash” after consumers drink the beverage, that it is doctor recommended, and that the product is suitable for teenagers. Attorney General Ellen Rosenblum filed papers with the court last week, trying to force the company to give the court the documents.
The FDA has said there have been 92 reports of adverse reactions, 11 deaths, and more than 17 life-threatening events such as heart attacks and spontaneous abortion associated with the consumption of this product. The information that Living Essentials gave the court was heavily redacted.
Food Poisoning Bulletin has been following this story for years. About a year ago, the Drug Abuse Warning Network told consumers that these products can be dangerous and even life-threatening. The maker of Monster Energy drinks was sued after a child died in 2012. And the Center for Science in the Public Interest warned about 5-Hour Energy Drink deceptive ads in 2013.