Many people I know, including myself, find themselves studying late at night or driving long distances, unable to stay awake. Although it can be unhealthy, I will drink an energy drink, such as a Bang or a Monster, to not fall asleep. Growing up, I remember my dad drinking a 5-Hour Energy on road trips so that he could stay awake while driving. Because of this memory, I was surprised to learn that the company that sells 5-Hour Energy, Living Essentials LLC, used unethical and deceptive advertising practices to sell its product.
In 2014, a lawsuit was filed against Living Essentials LLC by Washington Attorney General Bob Ferguson due to deceptive advertising for the company's 5-Hour Energy Drink. The drink was advertised as a doctor-recommended product "superior to traditional caffeine without a crash." The company claimed that 5-Hour energy was a "Combination of caffeine, B vitamins, and amino acids that would provide energy that would last longer than consumers would experience from a cup of premium coffee." Some of the advertisements went as far as to say 3 or 4 cups of coffee. Instead of caffeine, the drink contained taurine. Although taurine can provide similar benefits to caffeine, it would not provide the benefits advertised.
The lawsuit also found that the company asked doctors misleading questions to procure doctor recommendations for its product. The campaign, "Ask your Doctor," was revealed as if doctors explicitly recommended the drink; however, it was found that the drink was recommended over another competitor.
A court in Washington State ordered Living Essentials to pay $4.3 million, $2.2 million in civil penalties, and $2.1 million in attorney's fees. Half of the expected payment was due to separate violations of state consumer protection laws. The "Ask your Doctor" commercial resulted in a $100 fee per airing and ran over 19,700 times, resulting in $1.97 million owed. The court also noted that in 2016, the company did not provide evidence that its advertising was accurate. Also disputed was a claim made by Living Essentials that the non-caffeine ingredients worked together with added caffeine to extend the effects of the stimulant. In actuality, the study showed the opposite results. The taurine found in the drink could counteract the ingredients.
With any energy drink, health is always going to be a factor for sales. Many people question the effects these drinks have on their bodies. The nonprofit Center for Science in the Public Interest issued a warning about the beverage in 2012 when the lawsuits were filed. It was suspected that the energy drink played a role in 13 deaths at the time. The product was also associated with 30 other life-threatening events, such as heart attacks, convulsions, and one miscarriage. The ingredients included in the drink are what is suspected of having caused these health risks. The drink consists of citicoline, tyrosine, phenylalanine, taurine, malic acid, glucuronolactone, unspecified natural and artificial flavors, sucralose, potassium sorbate, and sodium benzoate.
Along with Washington state, Vermont and Oregon also filed lawsuits against Living Essentials. The lawsuit filed by Vermont was settled in 2019. Both sides decided to settle the case 5 years after the lawsuit was filed. Although the settlement details are unknown, Living Essentials agreed to pay Vermont $308,000; however, the company did not admit that they did anything wrong.
The lawsuits filed against the 5-Hour Energy drink have not stopped consumers from buying the product. The energy shot's sales peaked only two years after the lawsuits were filed. In 2016, sale volume totaled 4.1 million 192-ounce cases. Sales have slowly declined since then, with only 3.1 million cases sold in 2020.
Living Essentials recently announced that 5-Hour Energy will now be sold as a carbonated drink in a 16-ounce can. The announcement was made during the first week of October. The drink will be available in three different flavors - watermelon, berry, and grape. According to Manoj Bhargava, Living Essentials Founder, and CEO:
“5-hour Energy is already a top-three energy brand, so the addition of the 16-oz carbonated beverage product is a natural progression. For the times when you’re tired and thirsty, our new carbonated beverage has a refreshing, lighter taste compared to Red Bull and Monster. Try it!”
Drinking too much caffeine is proven to cause health issues. I do not find it wrong to drink an energy drink once and a while; however, they are not something an individual should indulge in every day. Personally, I have tried to cut down my energy drink consumption to have a healthier sleep schedule. I believe it is essential to research the health risks and reviews with any energy drink. As seen with 5-Hour Energy, advertisements can be misleading. Doing your own research is better than taking a company's word for it. One thing is for sure, no matter what the scandal, misinterpretation, or unethical advertising, people will always want their caffeine fix, no matter the risk.
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Many people I know, including myself, find themselves studying late at night or driving long distances, unable to stay awake. Although it can be unhealthy, I will drink an energy drink, such as a Bang or a Monster, to not fall asleep. Growing up, I remember my dad drinking a 5-Hour Energy on road trips so that he could stay awake while driving. Because of this memory, I was surprised to learn that the company that sells 5-Hour Energy, Living Essentials LLC, used unethical and deceptive advertising practices to sell its product. 
With any energy drink, health is always going to be a factor for sales. Many people question the effects these drinks have on their bodies. The nonprofit Center for Science in the Public Interest issued a warning about the beverage in 2012 when the lawsuits were filed. It was suspected that the energy drink played a role in 13 deaths at the time. The product was also associated with 30 other life-threatening events, such as heart attacks, convulsions, and one miscarriage. The ingredients included in the drink are what is suspected of having caused these health risks. The drink consists of citicoline, tyrosine, phenylalanine, taurine, malic acid, glucuronolactone, unspecified natural and artificial flavors, sucralose, potassium sorbate, and sodium benzoate. 
The lawsuits filed against the 5-Hour Energy drink have not stopped consumers from buying the product. The energy shot's sales peaked only two years after the lawsuits were filed. In 2016, sale volume totaled 4.1 million 192-ounce cases. Sales have slowly declined since then, with only 3.1 million cases sold in 2020. 
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