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U.S. Wholesale Outlet & Distribution, Inc. v. Innovation Ventures, LLC et al

  1. February 03, 2026

    5-Hour Energy Maker Tells 9th Circ. Not To Revive Pricing Suit

    The maker of 5-Hour Energy has urged the Ninth Circuit not to revisit a lower court ruling tossing claims from family-owned wholesalers that the energy drink company violated price discrimination law by providing Costco with disproportionate promotional support.

  2. October 21, 2025

    9th Circ. Urged To Revive 5-Hour Energy Price Bias Suit

    Family-owned wholesalers have told the Ninth Circuit that a lower court added new requirements with its latest ruling rejecting allegations that the maker of 5-Hour Energy violated price discrimination law by providing Costco with disproportionate promotional support.

  3. May 30, 2025

    Wholesalers Take Rejected 5-Hour Energy Suit To 9th Circ.

    Family-owned wholesalers want the Ninth Circuit to take a look at a recent ruling that said while they were able to show the maker of 5-Hour Energy committed price discrimination by offering Costco disproportionate promotions, they weren't able to show that discrimination hurt them.

  4. May 28, 2025

    5-Hour Energy Price Discrimination Suit Falls Short Again

    A California federal judge ruled Wednesday that family-owned wholesalers proved competition with Costco in their price-discrimination suit against the maker of 5-Hour Energy and that the energy "shot" company offered Costco disproportionate promotions, but the wholesalers did not prove that this discrimination caused them antitrust injury.

  5. April 01, 2021

    Calif. Judge Says No New Trial In 5-Hour Energy Antitrust Row

    A California federal court won't give seven family-owned wholesalers another trial more than a year after a jury cleared the maker of 5-Hour Energy of their price discrimination claims, it declared Wednesday.

  6. July 16, 2020

    Amid Jury Win, 5-Hour Energy Faces Unfair Pricing Claims

    Nine months after a jury rejected their bid for monetary damages, seven family-owned wholesalers are gunning for an injunction in California federal court to stop the maker of 5-Hour Energy "shots" from offering favorable pricing to warehouse club Costco for the same product. 

  7. October 21, 2019

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

    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.

  8. October 18, 2019

    Jury To Decide If 5-Hour Energy Illegally Favored Costco

    The maker of 5-Hour Energy illegally price-discriminated against family-owned wholesalers when it offered Costco the energy "shots" at a lower cost, the wholesalers' attorney told a California federal jury Friday during closing arguments in an antitrust trial.

  9. October 16, 2019

    Costco, Wholesalers Aren't 5-Hour Energy Rivals, Jury Told

    The maker of 5-Hour Energy "shots" sought Wednesday to counter claims it illegally discriminates by offering Costco different prices than other wholesalers, calling a USC marketing professor to testify at a California antitrust trial that the wholesalers and Costco operate in different parts of the market and aren't competitors.

  10. October 07, 2019

    Costco Siphoned Rivals' 5-Hour Energy Business, Jury Told

    Wholesalers told a California federal jury Monday that they've been steadily losing sales of 5-Hour Energy drinks as their customers turn to Costco for a cheaper product, in an antitrust case alleging the maker of the tiny energy "shots" has been offering the wholesale giant illegal favorable pricing.