A spokeswoman for the manufacturer, Michigan-based Living Essentials, LLC, said 5-Hour Energy is a "compact-sized energy shot intended for busy adults — it is not an energy drink, nor marketed as a beverage."
Elaine Lutz said the company is not aware of any deaths proven to have been caused by their product. She said the company's website advises consumers to drink no more than two bottles of the shots per day, spaced several hours apart, and for new consumers to drink half a bottle to start.
Democratic Sens. Richard Durbin of Illinois and Richard Blumenthal of Connecticut went to the Senate floor Thursday to complain about the lack of FDA oversight of energy drinks.
"For God's sake, these are on sale to kids throughout America," Durbin said.
The New York Times first reported that 13 deaths were linked to 5-Hour Energy.