01/03/2013 12:13 pm ET

5-Hour Energy Accused Of False Advertising Over 'No Crash' Claim

The energy “shot” that promises “no crash” may be heading for one itself.

Living Essentials, the distributor of 5-Hour Energy, a high-selling energy drink, is under review by the National Advertising Division, who say the claim is false, The New York Times reports. The advertising watchdog says it has been telling 5-Hour Energy to drop the “no crash” claim ever since a clinical trial run by the company five years ago showed that the product resulted in a "moderately severe crash" in nearly 25 percent of users.

The probe comes amid increased scrutiny of the energy drink industry, including rivals such as Monster Energy, Red Bull and Rockstar energy drinks. New York state launched a similar probe last August examining how the drinks are made and subsequently marketed, particularly to impressionable children and teens.

Elaine Lutz, a spokeswoman for Living Essentials, told the NYT that a clarification included on packaging stating that “no crash means no sugar crash” had been added to address the concerns of the National Advertising Division.

The probes are just the latest in a slew of health concerns over the drinks. In November, a government report linked soldiers’ consumption of energy drinks to sleep deprivation. For 5-Hour Energy’s part, the U.S. Food and Drug Administration said last fall that it had received reports of 13 deaths over the past four years in which the energy shot may have played a part.



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