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Monday, June 22, 2026

3rd Circ. Says Insurer Must Defend In 5-Hour Energy IP Row - Law360

By Matthew Santoni (January 5, 2022, 2:07 PM EST) -- Evanston Insurance Co. must defend a nutritional supplement company in a lawsuit brought by the makers of 5-Hour Energy because that suit includes a claim the company made false claims about the competition in its advertising, a Third Circuit panel ruled Wednesday. The precedential decision said that as long as there was a possibility that the Evanston policy would cover part of the 5-Hour Energy lawsuit claiming that Vitamin Energy LLC's advertising made false comparisons of the vitamin content of both companies' products, the insurer had a duty to defend Vitamin Energy in the entire suit. The Third Circuit disagreed with. . .

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Read Full Story: https://www.law360.com/foodbeverage/articles/1452554/3rd-circ-says-insurer-mu...