February 03, 2026
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.
October 21, 2025
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.
May 30, 2025
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.
May 28, 2025
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.
April 01, 2021
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.
July 16, 2020
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.
October 21, 2019
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.
October 18, 2019
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.
October 16, 2019
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.
October 07, 2019
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.