STATE v. LIVING ESSENTIALS, LLC

A163980.

497 P.3d 730 (2021)

313 Or. App. 176

STATE EX REL. Ellen F. ROSENBLUM, in her official capacity as Attorney General for the State of Oregon, Plaintiff-Appellant Cross-Respondent, v. LIVING ESSENTIALS, LLC, a Michigan limited liability company; and Innovation Ventures, LLC, a Michigan limited liability company, Defendants-Respondents Cross-Appellants.

Court of Appeals of Oregon.

July 14, 2021.


Attorney(s) appearing for the Case

Carson L. Whitehead , Assistant Attorney General, argued the cause for appellant-cross-respondent. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Michael J. Sandmire , Portland, argued the cause for respondents-cross-appellants. On the combined answering and cross-opening brief were Lori Irish Bauman , Nena Cook , and Ater Wynne LLP; and Joel A. Mullin and Stoel Rives LLP. On the reply brief on cross-appeal were Michael J. Sandmire , Nena Cook , and Ater Wynne LLP; and Joel A. Mullin and Stoel Rives LLP.

Trenton H. Norris , Raqiyyah R. Pippins , Said O. Saba, Jr. , and Arnold & Porter Kaye Scholer LLP; and R. Daniel Lindahl and Bullivant Houser Bailey PC filed the brief amici curiae for Council for Responsible Nutrition.

Before Lagesen, Presiding Judge, and DeVore, Judge, and James, Judge.


The state initiated this action against the defendant producers and sellers pursuant to the Unlawful Trade Practices Act (UTPA), ORS 646.605 to 646.656, alleging that defendants had engaged in a variety of unlawful practices in advertising 5-hour ENERGY® (5-HE) energy drinks. The state generally alleged two types of misrepresentations...

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