Energy drinks maker Living Essentials and its venture capital arm Innovation Ventures have been ordered by the King County Superior Court in the US to pay $4.3m in penalties and legal costs for alleged false advertising of the company's 5-hour Energy product. 

Washington State attorney general Bob Ferguson filed a lawsuit against the makers of the energy drink for misleading consumers with ads claiming that the product is safe for teenagers and causes 'no sugar crash’ in July 2014. The court case was heard in August last year.

However, a study conducted by the companies showed that the flavoured energy shot sold in 1.93oz containers triggers a caffeine crash.

The court said that the firm violated the state’s Consumer Protection Act through what it described as 'deceptive marketing techniques'.

"The court was struck by the fact that defendants presented no testimony from a single scientist actually involved in developing the contents of this product."

In the ruling order, Judge Beth Andrus said: “Defendants spent more time trying to justify the science behind their ads after-the-fact than they did before marketing the products in Washington.

“The court was struck by the fact that defendants presented no testimony from a single scientist actually involved in developing the contents of this product.

“There was scant evidence as to what science anyone at Living Essentials had ever seen or relied on before it began to sell this product.”

Living Essentials and Innovation Ventures have been ordered to pay nearly $2.2m in civil penalties for violations of the Consumer Protection Act and nearly $2.1m in costs and fees to Ferguson’s office.

In addition, the companies have been ordered to refrain from making claims about their products' biochemical or physiological effects or 'synergistic' interactions with caffeine or other ingredients, without robust scientific evidence.