ALEXANDRIA, VA. (CN) – The company that makes the “5-Hour Energy Dietary Supplement” says the National Association of Convenience Stores disparaged its product by calling it a “beverage,” and demands $11 million in damages for it.
Plaintiffs Innovative Ventures claims the liquid supplement is not consumed for its taste, aroma or nutritive value, but as a supplement to increase energy. It claims that the change in classification forces it to compete against other beverages, and allows convenience stores to charge a beverage stocking fee.
Innovative Ventures estimates it will lose more than half of its business from the disparagement by reclassification. In addition to the money, it seeks an injunction stopping convenience stores from calling the drink a beverage.
Innovative is represented by Jonathan Emord of Clifton, Va.