5-Hour Energy Makers Seek Trade Secrets Declaration

According to news sources, the companies that make 5-Hour Energy have
filed a complaint in an Oregon state court seeking a declaration that the
Oregon Department of Justice (DOJ) is not entitled to what the companies
contend are trade secrets, that is, the amounts of ingredients used to make
the energy shots.

Oregon’s DOJ is apparently part of an executive committee leading a 33-state
investigation into Innovation Ventures, LLC and Living Essentials, LLC and has
demanded a list of ingredients, including their amounts, to decide whether
the companies were justified in claiming that use of the product does not lead
to a “crash.” While the companies reportedly provided the DOJ with copies
of materials submitted to the National Advertising Division of the Council of
Better Business Bureaus to support their ad claims in 2007, they redacted the
amounts, but not the ingredients, claiming that they are “highly confidential
and proprietary trade secrets.”

The companies contend that a confidentiality agreement with the DOJ will
not protect the formula from disclosure, because it will be made accessible to
every state involved in the investigation and will be subject to public records
laws. They note that the National Advertising Division, as a private entity, is
not required to disclose the information. See The Oregonian, June 18, 2013;
StatesmanJournal.com, June 19, 2013.