Pitco Denies It Knew 5-Hour Energy Drinks Were Fake

Law360, San Francisco (March 7, 2013, 5:33 PM EST) -- Pitco Foods Inc. on Thursday urged a California federal judge to toss claims that it illegally sold counterfeit bottles of 5-Hour Energy drinks, arguing that 5-Hour Energy owner Innovation Ventures LLC hadn't shown that the grocery chain knew the drinks on its shelves were fake.

Innovation argues that when it seized millions of counterfeit bottles of the energy drink from Pitco and other stores last fall, it also obtained an email from a 5-Hour Energy broker to a Pitco representative in which Innovation told the grocer,...
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