The Legal Examiner Affiliate Network The Legal Examiner The Legal Examiner The Legal Examiner search instagram avvo phone envelope checkmark mail-reply spinner error close The Legal Examiner The Legal Examiner The Legal Examiner
Skip to main content

The “no-crash later” claim of the drink, “5-Hour Energy” may be a thing of the past… A 41-year old Miami man, Richard Perez, a life-long athlete, says his doctor believes the drink “5-hour energy” may have caused his heart attack. Perez claims he drank at least two of the 5-hour energy drinks every day for the past five years. In October, according to The Huffington Post, November 16, 2012, Perez suffered a massive heart attack from a blocked artery, which his physician believes was abetted by the consumption of energy drinks.

Apparently Perez isn’t the only person who has experienced ill effects from the 5-Hour Energy beverage. The U.S. Food and Drug Administration reported last fall, that over the past 4-year period, it had received reports of 13 deaths “in which the energy shot may have played a part.”

The New York Times recently reported that an advertising watchdog group, the National Advertising Division, has 5-Hour Energy in its sites believing their claim of “no crash” following consumption of the beverage to be false. Living Essentials, the distributor, however, says there’s no sugar in 5-Hour Energy—hence, no crash. The watchdog group had urged the company as far back as five years ago to stop producing the energy shot due to health concerns. The distributor, Living Essentials, is also accused of misrepresenting the organization’s position about the no-crash claim.

Meier calls attention to the fact that the energy drink industry, a “$10 billion industry is rife with questionable marketing.” (New York Times, 01/03/2013) Living Essentials says it knows of “no problems” associated with its 5-Hour Energy drink. The National Advertising Division may refer the issue to the Federal Trade Commission if the “no crash” claim is not dropped from the label. Hon. Ed Markey (D-Massachusetts) has requested the FTC review energy drink marketing claims across the board. (So, maybe they won’t kick the energy drink can down the road?)

Comments for this article are closed.