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Bursor & Fisher Defeats Summary Judgment Motion In 5-Hour Energy Litigation

‹ All News January 24, 2017

On January 24, 2017, Judge Philip S. Gutierrez of the United States District Court for the Central District of California denied the majority of defendants’ motion for partial summary judgment in In re 5-Hour ENERGY Marketing and Sales Practices Litigation.  Judge Gutierrez ruled that Plaintiffs had “competent evidence” that 5-Hour ENERGY® products do not provide five hours of energy, and that reasonable consumers could be deceived by defendants’ representations about those products.


“Judge Gutierrez’s order is an important victory for millions of purchasers of 5-hour ENERGY® products,” said Joel D. Smith, one of the firm’s partners handling the matter. “We look forward to proving our case at trial and seeking substantial refunds for the putative classes.”


This order was Bursor & Fisher’s twelfth victory in the last thirteen summary judgment motions brought against class action claims prosecuted by the firm.