Walmart Wins Court Fight Over Sales Tax on 5-Hour Energy Drinks

Retail giant Walmart Stores Inc. can’t be held responsible for charging Pennsylvania sales tax on purchases of 5-Hour Energy products, a federal judge in Pennsylvania ruled Wednesday.

U.S. District Court Judge J. Nicholas Ranjan dismissed the case brought by Christopher Lisowski as a class action, ruling that consumers had no recourse against Walmart because improper conduct by retailers under the sales tax code isn’t covered by Pennsylvania’s consumer protection law. Moreover, the plaintiffs’ claims are barred by an established procedure for consumers to obtain tax refunds from the Pennsylvania Department of Revenue, Ranjan ruled.

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