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Living Essentials is not publicly traded.
At the time, Living Essentials was already using the "No crash later" claim.
Living Essentials is a unit of the product's producer, Innovation Ventures.
Living Essentials says it knows of no problems related to its products.
Mr. Fabricant said that the 13 fatality reports that mentioned 5-Hour Energy had all been submitted to the F.D.A. by Living Essentials.
Ms. Lutz, the Living Essentials spokeswoman, said the bold "No Crash Later" statement on product labels was followed by a special mark.
Living Essentials reported that a state attorney general inquiry was under way last month during a bond offering, but a spokeswoman declined to comment further on Tuesday.
Elaine Lutz, a spokeswoman for the distributor of 5-Hour Energy, Living Essentials of Farmington Hills, Mich., said the amounts of B vitamins used were safe and effective.
And Living Essentials, which recently cited the advertising group's support in seeking to defend the "no crash" claim, may have opened the door to greater scrutiny.
She said the group planned to notify Living Essentials that it was reopening its review of the "no crash later" claim.
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Because the liquid dietary supplements were intended to be sold in Mexico, the packaging and labeling created by Living Essentials--was in Spanish.
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