5-Hour Energy Didn't Illegally Favor Costco, Jury Says

Law360, Los Angeles (October 21, 2019, 4:03 PM EDT) -- A California federal jury on Monday cleared the maker of 5-Hour Energy of claims it illegally price-discriminated against family-owned wholesalers when it offered Costco the energy "shots" at a lower cost.

After nearly seven hours of deliberations following the almost two-week long trial, the jury in Los Angeles returned with a verdict in favor of 5-Hour Energy maker Living Essentials LLC. The jury rejected the allegations by the plaintiff wholesalers — U.S. Wholesale Outlet & Distribution Inc., Trepco Imports & Distribution Ltd., Eashou Inc., Sanoor Inc., YnY International Inc., California Wholesale and L.A. International Corp. — that the energy drink maker had violated the...

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