The nonprofit organization contends the ad — promoting the safety profile of the popular energy shots — is misleading.
Living 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 CSPI's executive director Michael F. Jacobson 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 overdose—to death—on 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's and CSPI’s endorsement of the safety of the product. Lawyers for CSPI sent a cease and desist letter instructing Living Essentials LLC to stop using Jacobson’s and CSPI’s names in its advertisement.
“I advise consumers not to use 5-hour Energy — at 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 organization’s name in its misleading advertisement when the company knows that I have grave concerns about 5-hour Energy and other energy drinks."
Elaine Lutz, a spokesperson for 5-hour Energy, did not immediately return a phone call and email Thursday afternoon.
The New York Times last month revealed that reports of 13 deaths linked to 5-hour Energy had been submitted to the U.S. Food and Drug Administration by Living Essentials. FDA has cautioned such reports are only considered allegations and that it draws no conclusions until investigations are completed.
In a press release Nov. 15, Lutz remarked the company was "unaware of any deaths proven to have been caused by the consumption of 5-Hour ENERGY."
"It is important to note that submitting a serious adverse event report to the FDA, according to the agency itself, is not construed by the FDA as an admission that the dietary supplement was involved, caused or contributed to the adverse event being reported, or that any person included in the report caused or contributed to the event," Lutz said in the statement.
But 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," he said in the press release issued by CSPI.
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 said in the same press release.
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 filed suits against alleged counterfeiters that distributed artificial 5-hour Energy products. The company said it was able to locate the counterfeiters' factory and shut it down.
