CSPI Says 5-Hour Energy Ad is Misleading

WASHINGTONLiving Essentials posted a new online ad promoting 5-hour Energy's safety profile in an attempt to distance itself from claims that the supplement shot was associated with 13 deaths. The ad quotes the executive direct of the Center for Science in the Public Interest (CSPI) as saying it would be difficult to die from drinking too much caffeine.

However, CSPI released a statement warning consumers not to believe the new ad because it "gives the misleading impression that CSPI executive director Michael F. Jacobson believes the product is safe, merely because he told a Time magazine reporter that it would be hard to overdoseto deathon caffeine alone."

CSPI said Jacobson stated it would take a lot of caffeine to kill most people, but warned 5-hour energy may still be doing harm. The small amount of caffeine and other ingredients may be causing insomnia, anxiety, reduced fertility and other problems, according to CSPI.

CSPI said the ad implied Jacobson and CSPIs endorsement of the safety of the product.  Lawyers for CSPI sent a cease and desist letter instructing Living Essentials LLC to stop using Jacobsons and CSPIs names in its advertisement.

I advise consumers not to use 5-hour Energyat least until the FDA gets to the bottom of the heart attacks, convulsions, and deaths that have been reported in connection with the product," Jacobson said.  And I call on the marketer of 5-hour Energy to stop using my name and my organizations name in its misleading advertisement when the company knows that I have grave concerns about 5-hour Energy and other energy drinks."

CSPI called out the non-caffeine ingredients in 5-hour Energy, such as the "energy blend" of  citicoline, tyrosine, phenylalanine, taurine, malic acid, glucuronolactone, unspecified natural and artificial flavors, sucralose, potassium sorbate and sodium benzoate.  "It is conceivable that interactions between, or contaminants in, the various ingredients could be responsible for illnesses or deaths," CSPI said.

Sen. Richard Blumenthal (D-CT) also said the ad campaign is misleading and should be stopped.  The amount of caffeine and other additives in many of these energy drinks is way in excess of what is healthy for children and adolescents." 

FDA confirmed it is investigating the safety of energy drinks following letters Blumenthal and Sen. Dick Durbin (D-IL) sent to the agency requesting such an inquiry. The senators also requested meetings with FDA on this issue.

Rep. Edward J. Markey, a senior member of the House Energy and Commerce Committee, added energy drink ads aimed at children are especially disturbing.  Marketing pitches that promise to give customers an 'extra boost' need extra attention, especially if they are being targeted to children and teens.  Until we know more about the health impacts of these drinks and until the federal government evaluates their claims, all Americans, particularly younger ones, should be cautious before consuming them."

Markey reached out to FTC, asking the agency to investigate the advertising claims of energy drink companies following reports that the beverages are linked to deaths.

Living Essentials has been proactive in keeping fake versions of its products off the market. In November, the company LLC filed suits against a company that distributed fake versions of its  5-hour ENERGY® shots.