Shots Fired: Vitamin Energy’s $1B Suit Accuses 5-Hour Energy of Monopolistic Practices, False Ads—Defendant’s Answer Looms, Insurance Defense in Play

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Deadline Extension and What’s Next

This case is playing out in the United States District Court for the Eastern District of Michigan, under the case name Vitamin Energy Inc v. Manoj Bhargava, Living Essentials et al, Case No. 2:19-cv-11716-DPH-MKM. Presiding over the case, District Judge Jonathan J.C. Grey granted a stipulation on December 12, 2024, allowing 5-Hour Energy to respond to the complaint by February 10, 2025.

As that February 10th deadline looms, industry observers are eager to see what legal tactics 5-Hour Energy deploys. Will they delve into every cause of action, providing thorough rebuttals and documentation? Or will they opt for more generalized denials, forcing Vitamin Energy to prove each claim during discovery? From my vantage point, either route carries risks and rewards: a detailed response might offer Vitamin Energy fodder for counterarguments, while a broad denial can seem evasive.

The Insurance Defense Angle

An often-overlooked aspect of major commercial lawsuits is insurance coverage. As someone who has covered numerous business litigation and insurance disputes, I can say confidently that large corporations typically rely on comprehensive commercial insurance policies to protect against antitrust, false advertising, and other business-related claims.

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