Lawyers for the manufacturer of 5-hour Energy, Living Essentials LLC, said the ad would remain down while it looks into the legal issues, according to CSPI.
The energy drink market has come under scrutiny over the last several weeks due to unsubstantiated reports linking energy drinks and shots to several deaths and other adverse health impacts.
Living Essentials recently posted an 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, but CSPI complained that the promotion was misleading and demanded that Living Essentials remove it.