5-Hour Energy Maker Must Face Deceptive Marketing Suit

Law360, New York (May 31, 2013, 4:50 PM EDT) -- A Florida federal judge on Wednesday refused to release the maker of popular energy drink 5-Hour Energy from a proposed class action accusing it of deceiving consumers about the actual effects of the product, finding the case raised sufficient questions about the product's marketing to continue.

Innovation Ventures LLC, which does business as Living Essentials, had sought dismissal of the case, one of a slew of suits alleging that it misrepresents its energy drink as delivering five straight hours of energy without an unpleasant crash at the end. The plaintiffs claim the product's actual energy boost is lacking and does result in a crash....

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