Oregon, Washington and Vermont sued the makers of 5-Hour Energy for allegedly deceptive and misleading advertising, and said similar suits will follow in other states in the coming weeks.
The Oregon lawsuit was filed in Multnomah County Circuit Court against the makers of the caffeine-charged beverage, Michigan-based manufacturer Living Essentials and its parent company Innovation Ventures.
Washington and Vermont filed similar suits, according to a statement released by Washington Attorney General Bob Ferguson.
All three states are seeking a permanent injunction prohibiting 5-Hour Energy's allegedly deceptive marketing practices, as well as civil penalties and restitution to consumers.
"Plainly and simply, in Oregon you cannot promote a product as being effective if you don't have sufficient evidence to back up your advertising claims," Oregon Attorney General Ellen Rosenblum said in a statement.
A representative for 5-Hour Energy described the Oregon suit's allegations as "grasping at straws" and "civil intimidation" and said the companies would fight to defend themselves.
In its lawsuit, Oregon said advertising for 5-Hour Energy claimed the drink contained a unique combination of ingredients to boost energy, whereas its only effective ingredient was a concentrated dose of caffeine.