Ellen Rosenblum explains.

"Our lawsuit against Living Essentials and Innovation Ventures, the makers of the energy drink 5 Hour Energy is about requiring truth in advertising.  Plainly and simply you can't promote deceptive and misleading claims about your products if there is not sufficient evidence to back up your advertising claims."

The lawsuit alleges the company used advertising to claim that 5 Hour Energy contains a unique blend on ingredients that provide consumers with energy, alterness and focus.

Rosenblum say sthe product only has one ingredient that provides any effect and it's caffeine.