{{short description|Energy shot drink}} {{Use mdy dates|date=March 2020}} {{Infobox beverage | logo = 5-hour_Energy.jpg | type = Energy shot | manufacturer = Living Essentials | distributor = | origin = United States | introduced = {{start date and age|2004}} | website = {{URL|http://5hourenergy.com/}} }}
'''5-hour Energy''' (stylized as '''5-hour ENERGY''') is an energy shot manufactured by Living Essentials LLC. The company was founded by CEO Manoj Bhargava and product launched in 2004.<ref name="crains">{{cite news |date=February 9, 2010 |title=5-Hour Energy ordered to pay $4.3 million over deceptive ads |url=http://www.crainsdetroit.com/article/20170209/NEWS01/170209817/5-hour-energy-ordered-to-pay-4-3-million-over-deceptive-ads |url-status=live |archive-url=https://web.archive.org/web/20170209180752/http://www.crainsdetroit.com/article/20170209/NEWS01/170209817/5-hour-energy-ordered-to-pay-4-3-million-over-deceptive-ads |archive-date=February 9, 2017 |access-date=February 10, 2010 |work=Crain's Detroit Business |agency=Associated Press}}</ref>
==Ingredients== The official website lists the active ingredients of 5-hour Energy as: vitamin B6, folic acid, vitamin B12, sodium, taurine, glucuronolactone, malic acid and N-Acetyl <small>L</small>-tyrosine, <small>L</small>-phenylalanine, caffeine, and citicoline.<ref name="5health">{{Cite web|title=How to Use 5-hour energy shots|access-date=July 14, 2009|url=http://www.5hourenergy.com/healthfacts.asp|publisher=5hourenergy.com|archive-date=May 23, 2009|archive-url=https://web.archive.org/web/20090523090349/http://www.5hourenergy.com/healthfacts.asp|url-status=live}}</ref> The product is not U.S Food and Drug Administration approved. It contains no sugar, instead providing the stimulant caffeine and the psychoactive dopamine precursor amino acids tyrosine and phenylalanine.<ref>{{cite web|title=Frequently Asked Questions About 5-Hour Energy|url=http://5hourenergy.com/QandA.asp|publisher=5hourenergy.com|access-date=March 6, 2012|archive-date=March 13, 2012|archive-url=https://web.archive.org/web/20120313072343/http://www.5hourenergy.com/QandA.asp|url-status=live}}</ref> According to an article in ''Consumer Reports'', 5-hour Energy should be avoided by children under the age of 12 and as well as nursing or pregnant women.<ref name="CR"/>
==History== In 2004 Manoj Bhargava's company, Living Essentials LLC, launched a product called "5-Hour Energy".<ref name="EconomicTimes1"/><ref>{{cite web|title=How 5-Hour Energy Got Started|url=https://www.fundable.com/learn/startup-stories/5-hour-energy|publisher=Fundable|access-date=May 7, 2015|archive-date=May 18, 2015|archive-url=https://web.archive.org/web/20150518090355/https://www.fundable.com/learn/startup-stories/5-hour-energy|url-status=live}}</ref><ref>{{cite news|last=O'Connor|first=Clare|title=The Mystery Monk Making Billions With 5-Hour Energy|url=https://www.forbes.com/sites/clareoconnor/2012/02/08/manoj-bhargava-the-mystery-monk-making-billions-with-5-hour-energy/|magazine=Forbes|access-date=Feb 8, 2012|archive-date=February 8, 2012|archive-url=https://web.archive.org/web/20120208214117/http://www.forbes.com/sites/clareoconnor/2012/02/08/manoj-bhargava-the-mystery-monk-making-billions-with-5-hour-energy/|url-status=live}}</ref> By 2012, retail sales had grown to an estimated $1 billion.<ref name="EconomicTimes1">{{cite news |title= Manoj Bhargava, richest Indian in US commits 90% earnings to charity | url = http://articles.economictimes.indiatimes.com/2012-04-10/news/31318781_1_charity-work-manoj-bhargava-rs-5k-crore | archive-url = https://web.archive.org/web/20120923211310/http://articles.economictimes.indiatimes.com/2012-04-10/news/31318781_1_charity-work-manoj-bhargava-rs-5k-crore | url-status = dead | archive-date = September 23, 2012 | work =The Economic Times| date=10 April 2012}}</ref>
A March 2011 article in ''Consumer Reports'' reported that, according to a lab test, a {{convert|2|USoz|ml|adj=on}} 5-Hour Energy contained 207 milligrams of caffeine, slightly more than an {{cvt|8|USoz|ml|adj=on}} serving of Starbucks coffee which contains 180 mg of caffeine.<ref name="CR">{{cite journal|title=Does 5-Hour Energy really work?|journal=Consumer Reports|date=February 2011|url=https://www.consumerreports.org/cro/2012/04/can-5-hour-energy-kick-your-afternoon-slump/index.htm|access-date=April 26, 2018|archive-date=April 27, 2018|archive-url=https://web.archive.org/web/20180427045433/https://www.consumerreports.org/cro/2012/04/can-5-hour-energy-kick-your-afternoon-slump/index.htm|url-status=live}}</ref> (It is not clear whether the "Original" or "Extra Strength" product was tested.) The directions on the 5-Hour bottle recommend taking half of the contents (103 mg of caffeine) for regular use, and the whole bottle for extra energy. A regular cup of coffee has less than 100 mg/250 ml cup.<ref name="Bunker">{{cite journal|journal=Bunker |title=600 mg a day can lead to nervousness, restlessness, irregular heartbeats and insomnia.}}</ref>
In 2012, ''Forbes'' magazine commissioned an independent lab to analyze the contents within full bottles of 5-Hour Energy. The findings showed that the regular strength 5-Hour Energy contained 157 mg of caffeine, whereas the Extra Strength version had a caffeine content of 206 mg.<ref>{{cite news | title=What's In A Bottle Of 5-Hour Energy? | url=https://www.forbes.com/sites/clareoconnor/2012/02/08/whats-in-a-bottle-of-5-hour-energy/ | work=Forbes | first=Clare | last=O'Connor | date=February 8, 2012 | access-date=August 23, 2017 | archive-date=July 29, 2017 | archive-url=https://web.archive.org/web/20170729084223/https://www.forbes.com/sites/clareoconnor/2012/02/08/whats-in-a-bottle-of-5-hour-energy/ | url-status=live }}</ref>
In December 2012, ''Consumer Reports'' published an article on 27 energy drinks including 5-hour Energy, which compared the caffeine content of the 27 drinks. Caffeine levels in 5-hour Energy are: Decaf (6 mg), Original (215 mg), and Extra Strength (242 mg).<ref>{{cite web |url=http://www.consumerreports.org/cro/magazine/2012/12/the-buzz-on-energy-drink-caffeine/index.htm |title=The buzz on energy-drink caffeine: Caffeine levels per serving for the 27 products we checked ranged from 6 milligrams to 242 milligrams per serving |work=Consumer Reports |date=December 2012 |access-date=December 20, 2012 |archive-date=January 30, 2022 |archive-url=https://web.archive.org/web/20220130190150/https://www.consumerreports.org/cro/magazine/2012/12/the-buzz-on-energy-drink-caffeine/index.htm |url-status=live }}</ref> The publication also reviewed a double blind study and reported that "5-Hour Energy will probably chase away grogginess at least as well as a cup of coffee" and that "little if any research" indicated that amino acids and B vitamins would result in a difference in energy level.<ref name="CR"/>
In October 2021, 5-hour Energy announced the launch of a new 16-ounce carbonated energy beverage.<ref>{{Cite press release|title=5-hour ENERGY® Launches New 16-oz carbonated Energy Beverage|url=https://www.prnewswire.com/news-releases/5-hour-energy-launches-new-16-oz-carbonated-energy-beverage-301392006.html|access-date=2021-10-11|website=www.prnewswire.com|language=en|archive-date=October 15, 2021|archive-url=https://web.archive.org/web/20211015174859/https://www.prnewswire.com/news-releases/5-hour-energy-launches-new-16-oz-carbonated-energy-beverage-301392006.html|url-status=live}}</ref>
==Legal issues== A lawsuit against Living Essentials was filed in 2010, alleging health hazards and deceptive labeling.<ref>{{cite web|last=Koleva|first=Gergana|title=Hearts Attack victims spouse sues 5-hour energy maker for wrongful death|url=http://www.dailyfinance.com/2010/08/03/heart-attack-victims-spouse-sues-5-hour-energy-maker-for-wrongf/|date=3 August 2010|publisher=dailyfinance.com|access-date=30 September 2012|archive-date=February 12, 2012|archive-url=https://web.archive.org/web/20120212211745/http://www.dailyfinance.com/2010/08/03/heart-attack-victims-spouse-sues-5-hour-energy-maker-for-wrongf/|url-status=live}}</ref> The case was voluntarily dismissed in December 2011.<ref>{{cite web |url=http://lawyersusaonline.com/wp-files/pdfs-2/hassell.pdf |title=Hassell v. Innovation Ventures, U.S. Dist. Ct. W.Tenn., Case No. 2:10-cv-02557-JPM-cgc |work=lawyersusaonline.com |year=2010 |access-date=13 June 2014}}</ref>
In 2012, the media reported that the FDA was investigating allegations that Bhargava's 5-Hour Energy product was "potentially linked" to the deaths of 20 of its consumers.<ref>{{cite journal|title=First-Onset Seizure After Use of an Energy Drink| pmid=21642791 | doi=10.1097/PEC.0b013e31821dc72b | volume=27| issue=6 | journal=Pediatr Emerg Care| pages=539–40 | last1 = Babu | first1 = KM | last2 = Zuckerman | first2 = MD | last3 = Cherkes | first3 = JK | last4 = Hack | first4 = JB| year=2011 | s2cid=201948067 }}</ref><ref>{{cite news|title=Energy Drink Cited in Death Reports|url=https://www.nytimes.com/2012/11/15/business/5-hour-energy-is-cited-in-13-death-reports.html|newspaper=The New York Times|access-date=14 November 2012|first=Barry|last=Meier|date=14 November 2012}}</ref>
A 2014 article in ''The New York Times'' reported that 5-hour Energy was lobbying state attorneys general in 30 states after being investigated for deceptive advertising.<ref name=NYTimes>{{cite news|first=Eric |last=Lipton |author-link=Eric Lipton |title=Lobbyists, Bearing Gifts, Pursue Attorneys General | url= https://www.nytimes.com/2014/10/29/us/lobbyists-bearing-gifts-pursue-attorneys-general.html |work= New York Times|date=October 28, 2014 |access-date=April 10, 2019 }}</ref> The ''New York Times'' report also revealed the company made contributions totaling $280,000 to the political funds of state attorneys general "after the investigation into false claims and deceptive marketing [...] opened in January 2013."<ref name=NYTimes /> A 2015 report by the Center for Public Integrity (CPI) said that the attorney general offices in five US states had filed cases against Living Essentials for "deceptive marketing practices" and that additional class-action lawsuits were pending in seven states.<ref name=cpi>{{cite news|last1=Wieder|first1=Ben|title=The political kingmaker nobody knows|url=http://www.publicintegrity.org/2015/03/26/16979/political-kingmaker-nobody-knows|work=Center for Public Integrity|date=March 26, 2015|access-date=December 31, 2015|archive-date=December 30, 2015|archive-url=https://web.archive.org/web/20151230120714/http://www.publicintegrity.org/2015/03/26/16979/political-kingmaker-nobody-knows|url-status=live}}</ref><ref name="Crains2">{{cite news|last=Duggan|first=Daniel|title=Wizard of odds|url=http://www.crainsdetroit.com/article/20120219/FREE/302199990/wizard-of-odds|work=Crain's Detroit Business|date=19 February 2012|access-date=December 31, 2015|archive-date=October 21, 2017|archive-url=https://web.archive.org/web/20171021164308/http://www.crainsdetroit.com/article/20120219/FREE/302199990/wizard-of-odds|url-status=live}}</ref><ref>{{cite web |first=Lydia |last=Zuraw |url=https://www.foodsafetynews.com/2014/07/states-sues-5-hour-energy-makers-for-false-advertising/ |title=Three States Sue 5-Hour Energy Makers For 'Deceptive' Advertising |date=July 22, 2014 |work=Food Safety News }}</ref>
In 2016, it won a $22 million lawsuit against Stacker 2 arguing that their "6-Hour Power" product branding was too similar to its "5-Hour Energy" trademark.<ref>{{cite web |url=https://www.crainsdetroit.com/article/20160229/NEWS/160229808/eight-year-trademark-infringement-battle-nets-10-6-million-damages |title=Eight-year trademark infringement battle nets $10.6 million damages award for 5-Hour Energy |work=Crain's Detroit Business |date=February 29, 2016 |access-date=April 10, 2019 |archive-date=March 25, 2019 |archive-url=https://web.archive.org/web/20190325175422/https://www.crainsdetroit.com/article/20160229/NEWS/160229808/eight-year-trademark-infringement-battle-nets-10-6-million-damages |url-status=live }}</ref>
Living Essentials was found liable for deceptive practices under the Consumer Protection Act in Washington state in 2017. The court ordered the company to pay $4.3 million. The violations included stating that doctors recommended the product, that the product was superior to coffee, and that the decaffeinated product provided long lasting energy and alertness. The companies' communications director, Melissa Skabich, said they will appeal.
"Unlike the two other courts that found in our favor, this court did not follow the law. We intend to vigorously pursue our right to appeal, and correct the trial court’s incorrect application of the law," she said.<ref name="crains"/>
In 2018 a suit was filed against Living Essentials, under the claim that it offered Costco preferential pricing, discounts, and rebates. However, in October 2019 a California federal jury found that Living Essentials did not violate federal antitrust law by selling its 5-Hour Energy product to Costco for a lower price than the one charged to its competitors.<ref>{{Cite web|url=https://www.jdsupra.com/legalnews/5-hour-energy-drink-maker-allowed-to-71427/|title=5-Hour Energy Drink Maker Allowed to Charge Higher Prices to Costco's Competitors|website=JD Supra|language=en|access-date=2020-01-31|archive-date=January 31, 2020|archive-url=https://web.archive.org/web/20200131013553/https://www.jdsupra.com/legalnews/5-hour-energy-drink-maker-allowed-to-71427/|url-status=live}}</ref>
==References== {{Reflist}}
==External links== * {{Official website|http://5hourenergy.com/}}
{{Energy drinks}}
Category:American companies established in 2004 Category:Energy drinks Category:Food and drink companies established in 2015 Category:Food and drink introduced in 2004