Class Action Suit Takes Aim at 5-Hour’s Advertising

Mark Geragos

Celebrity lawyer Mark Geragos is shepherding a class-action lawsuit filed against 5-Hour Energy  Monday in the U.S. District Court in the Central District of California.

According to the suit, 5-Hour energy’s advertising claims of “hours of energy now, no crash later” are not scientifically supported and that its effects are not superior to other caffeine-based products like coffee or caffeine pills.

Moreover, the plaintiffs allege that 5-Hour has also taken “no meaningful steps to clear up consumer misconceptions regarding its product.”

Much of the case appears to be based on a recent story in The New York Times that summarized scientific studies that indicate that many of the ancillary ingredients in energy drinks do not help improve brain function or alertness.

The National Advertising Division of the council of Better Business Bureaus is currently looking into 5-Hour’s claims concerning the “no crash later” part of its marketing strategy, and has warned that it may refer its investigation results to the Federal Trade Commission.

By filing in federal court, the plaintiff, Cody Soto, is attempting to form two classes for his lawsuit: a national class and a California-based class, allowing for that state’s more liberal consumer protection statutes.

Geragos is best known as a criminal defense attorney who has worked with high-profile celebrities like Michael Jackson, Winona Ryder, and former Congressman Gary Condit.