She concluded that whether a drink is better than coffee is a subjective opinion and that the “ask your doctor” ad campaign was sufficiently vague about whether doctors actually recommended the shots in general. In a ruling (PDF) last Tuesday, Oregon Circuit Court Judge Kelly Skye cleared the makers of all allegations of deceits.
“They broke the law, and they will be held accountable for their deception.” Advertisementīut in Oregon, it’s a different story. “The makers of 5-hour Energy misled consumers in pursuit of profit,” Washington’s Attorney General Bob Ferguson said in a statement. Andrus will rule later, at an unscheduled time, what penalties the makers of 5-hour Energy, Living Essentials LLC and Innovation Ventures LLC, will face. Last, she concluded that an “ask your doctor” ad campaign misled consumers to think that medical professionals recommended drinking the shots when in reality they were tricked into agreeing with a statement on a survey. In her ruling, filed Monday, Andrus also found a lack of data to suggest that the decaf version of the shots worked at all. “None of the studies … support the claim that combining specific B vitamins, taurine, choline, glucuronolactone and tyrosine with caffeine will cause the energy, alertness and focus effects of caffeine to last longer than if the caffeine were consumed alone,” Andrus wrote. In Washington, King County Superior Court Judge Beth Andrus ruled Friday(PDF) that the scientific data didn’t back up the claim that 5-hour Energy’s combination of vitamins and caffeine worked “in a synergistic way” to make it superior to coffee. In the last few days, the verdicts came in-and they’re completely opposite. Two years ago, the attorneys general from Oregon and Washington filed nearly identical lawsuits in their states alleging that 5-hour Energy ads deceived consumers by suggesting the shots are superior to coffee and recommended by doctors.
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