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Monday, February 9, 2015


It was early in 2012 that I posted on the efficacy of that energy drink, 5-Hour Energy.  I had the night before read a Forbes article, The Mystery Monk Making Billions, on the owner, Manoj Bhargava, and was intrigued with his life from India.  I was checking out of Long's Drugs and saw a bunch of those colorful bottles, so bought one.  I wondered how can someone suddenly make more than a billion dollars per year on a $3 bottle?

Big mistake.  First, yes, 5HE does work!  But my blood pressure shot up to 177/83 (note that the high side only went up).  I was able to go to sleep that night, but kept waking up.  At 2AM my pressure had normalized to 134/76, with a pulse rate of 68.  I slept fitfully and took my blood pressure at 8AM, 168/88 with a pulse rate of 49.  This was not unusual, for my pressure is at a maximum when I just awake.

So, yes, 5HE does keep you up, but the inability to sleep was not only inconvenient, it was frightening.  I felt like I had some kind of bad psychological experience, not far unlike from magic truffles.  I certainly won't be taking anything like 5-Hour Energy again in my life.  5HE might still be on the shelves for a long time to come, but I think it is bad for my health.

Anyway, a year later, meaning mid-2013, the company was hit with a range of suits from various states.   By July of 2014 Oregon was the lead for 33-states, alleging deceptive advertising.  In September of 2014 U.S. District Judge Philip Gutierrez dismissed most of the Multi-District Litigation (MDL), including violations of certain laws.  Then at the end of last month he dismissed the fraud allegations against 5-Hour Energy, but kept alive other warranty claims.  The litigation continues.

The states are being represented by Bursor & Fisher PA, Faruqi and Faruqi LLP and Geragos & Garages APC.  Of course you've seen Mark Geragos (right) on TV.  The defendants are represented by Gerald E. Hawhurst and Daryl M. Crone.  They are doing very well, and it looks like 5-Hour Energy might get by with a wrist slap.

I've long held it against golfer Jim Furyk for being the face of 5HE, but he seems to still be doing relatively well on the tour:

There is a typhoon in the midst of the Northern Marianas, Guam, Wake Island, and the Federated States of Micronesia.  The expectation, though, is that, while Typhoon Higos is currently at 90 MPH, it will not make any serious landfall.


1 comment:

riley thomson said...

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