The Oregon Attorney General Ellen F. Rosenblum recently prevailed on appeal before his state’s highest court in an Unlawful Trade Practices Act lawsuit over 5-hour Energy’s advertising campaign.
Rosenblum brought this action against Living Essentials and Innovation Ventures, which manufactures the 5-hour Energy shot, over representations that defendants made in Oregon about the characteristics of the product. The state alleged that the defendants violated the Unlawful Trade Practices Act (UTPA) by representing that the noncaffeine ingredients 5-hour Energy provide energy and alertness although the ingredients do not have those effects, according to the opinion. And the state further alleged that the campaign violated the UTPA by falsely implying that the drink was doctor approved.
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