BBB National Programs Archive

Living Essentials Says Ad for Energy Drink was Inadvertently Placed in Children’s Programming on Hulu.com

New York, NY – July 17, 2014 – Living Essentials, LLC, the maker of the beverage “5-Hour Energy,” has stated in writing that the placement of advertising for the product – during children’s programming on Hulu.com – was inadvertent.

The Children’s Advertising Review Unit, in reliance on the company’s representation that it did not intentionally place the commercial during children’s programming, has administratively closed its inquiry.

CARU is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus.

CARU monitors advertising to children in all media. CARU also examines websites and apps for compliance with CARU’s Self-Regulatory Program for Children’s Advertising – which includes guidelines on online privacy protection – as well as with the federal Children’s Online Privacy Protection Act (COPPA).

CARU noted in its decision that a 15-second digital commercial for 5-Hour Energy drink
appeared at the beginning of “Pokeman,” programming aimed at children under the age of 12. Packaging for the product warns “Do not take if you are … under 12 years of age. If you are taking medication and/or have a medical condition, consult with your doctor before use.”