Shots Fired in the Energy Drink Aisle: Vitamin Energy, Inc. vs. 5-Hour Energy
In November 2024, Vitamin Energy, Inc. lodged a lawsuit seeking $1 billion in damages against 5-Hour Energy. This development, which I recently reported on in detail, made headlines under the banner “Shots Fired: Vitamin Energy’s $1B Suit Accuses 5-Hour Energy of Monopolistic Practices & False Ads.” (Check out my original reporting here:
Shots Fired — Vitamin Energy’s $1B Suit…
According to the complaint, 5-Hour Energy has allegedly orchestrated an elaborate scheme to hog retail shelf space, misrepresent competitor data, and even run misleading advertisements. One particularly striking accusation references a 2008 ad purportedly drafted by Defendant, claiming that “all energy shots with ‘6 Hour’ on the bottle had been recalled by a court order.” Vitamin Energy contends that the “court order” actually applied to just one specific rival, making the ad a misleading assault on every competitor using the “6 Hour” descriptor.
Mirroring the accusations in the Conwood case, Vitamin Energy says these tactics are designed to starve them out of prime retail positions and effectively block consumer access to alternative brands. If that sounds familiar, it should. Allegations of tampering with product racks, exclusive deals, and spreading falsehoods to retailers are practically Conwood 2.0, only this time in the high-octane world of 2-ounce energy shots.
