The Oregon Department of Justice is questioning the "no crash" claim of a popular energy drink and demanding documents to prove that it's safe.
A petition to enforce civil investigative demand was filed in the Multnomah County circuit court last month by Oregon Attorney General Ellen Rosenblum against the makers of 5-Hour Energy.
The state is questioning whether the company is in violation of Oregon's Unlawful Trade Practices Act. Specifically, the Department of Justice believes misleading statements have been made regarding the claims that users won't "crash" when the effects of the energy shot wear off.
Also at issue is an advertising campaign that implies the product is recommended by doctors, as well as whether 5-Hour Energy is suitable for children.
According to court records, the company provided redacted documents to the state in April to substantiate their claims. However, when the DOJ requested the unredacted copies, "respondents steadfastly refused," court documents state.
A 5-Hour Energy spokeswoman declined to comment on the case to Fox 12 this week.
The DOJ states unredacted documents are necessary to determine whether the company is in violation of the Unlawful Trade Practices Act, which could lead to a lawsuit or other enforcement action.
Rosenblum is one of five state attorneys general to have sent similar investigative subpoenas to the makers of 5-Hour Energy in their respective states, according to court documents.
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