5 Hour Energy Lawsuit Centralization Sought by Manufacturer

The makers of 5-Hour Energy are asking for all federal lawsuits over the sale and marketing of their controversial energy drink to be consolidated before one judge for coordinated handling during pretrial proceedings, as part of a Multi-District Litigation, or MDL. 

Innovation Ventures, LLC, which does business as Living Essentials, filed a motion (PDF) with the U.S. Judicial Panel on Multidistrict Litigation (JPML) on February 15, asking for the consolidation of at least nine class action lawsuits filed against the company over 5 Hour Energy in U.S. District Courts throughout the country.

The energy drink manufacturer has asked that all 5-Hour Energy class action lawsuits filed in the federal court system be centralized in the U.S. District Court for the Central District of California, where at least two of the cases are already pending.

All of the lawsuits involve similar allegations that Living Essentials practiced deceptive and unlawful advertising and marketing of 5-Hour Energy.

The 5 Hour Energy marketing statements indicate that the drink provides “hours of energy now – no crash later,” suggesting that users will not experience the sudden drop in energy typically associated with other high-caffeine energy drink products. According to National Advertising Division (NAD),  part of the Council of Better Business Bureaus, there is data that disproves the claim, which is at least five years old.

The energy drink industry has come under increased scrutiny in recent months, as concerns mount about the potential health risks associated with energy drink products and various marketing claims that encourage young users to consume large quantities of the highly caffeinated beverages.

Most of the recent media attention has come following the a wrongful death lawsuit filed against the makers of Monster Energy Drinks, which alleged that the popular beverage caused the death of a 14-year old girl, who died after drinking two cans of Monster in a 24 hour period.

According to information released by the FDA, there have been at least 13 deaths linked to 5 Hour Energy Shots. Federal officials indicate that they do not actually know for certain what’s in 5-Hour Energy, as the two-ounce shots are classified as dietary supplements, meaning they are not subject to FDA regulation.

Innovation Ventures says that consolidation of the class action lawsuits over 5-Hour Energy would reduce duplicative discovery in the cases, prevent contradictory rulings from different judges on similar matters and serve the convenience of the courts, witnesses and all parties involved.