Energy Drink Ad Claim Ruling Shows State Laws Matter

Law360, New York (October 27, 2016, 12:18 PM EDT) -- We have written before about the Federal Trade Commission’s (FTC) effort to rein in what it sees as unsubstantiated cognitive improvement claims. Well, the states appear focused on this segment, too.

On October 7, 2016, after two years of litigation and a trial, Judge Beth Andrus of the Superior Court of King’s County, Washington, issued a 59-page opinion resolving claims the Washington State attorney general had made against the makers of 5-Hour Energy for alleged deceptive advertising in violation of the Washington Consumer Protection Act (CPA).

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