Energy Shot Maker Sued for Making Allegedly False Claims

A California resident has reportedly filed a putative class action against the company that makes 5-Hour Energy® shots, claiming that “no genuine scientific research” and “no scientifically reliable studies” support the company’s claims that the product provides “any more additional benefits over a caffeine tablet or a cup of coffee.” Soto v. Innovation Ventures, LLC, No. 13-591 (C.D. Cal., filed January 28, 2013).

According to a news source, the plaintiff alleges that the company overcharges
consumers based on false claims and that some of the product’s
ingredients may present serious undisclosed health risks. Seeking to represent
a nationwide class and statewide subclass of consumers, the plaintiff apparently
alleges violations of the California Consumers Legal Remedies Act and
Business and Professions Code, breach of express warranty, unjust enrichment,
and fraud (intentional misrepresentation and concealment of fact). See
Mealey’s Class Actions, February 1, 2013.