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The Michigan Liquor Control Commission (MLCC) has rescinded “the approval of all alcohol energy drinks [AEDs],” citing “widespread community concerns aired by substance abuse prevention groups, parent groups and various members of the public, as well as the Food and Drug Administration’s (FDA’s) decision to further investigate these products.” According to a November 4, 2010, press release, the commission also believes that AED packaging “is often misleading, and the products themselves can pose problems by directly appealing to a younger customer, encouraging excessive consumption, while mixing alcohol with various other chemical and herbal stimulants.” The MLCC’s order gives retailers 30 days to remove AEDs from commerce and includes a list of affected products. “The Commission’s concern for the health, safety and welfare of Michigan citizens and the fact that there is not enough research to validate that these products are safe for consumption has made me believe that until further…

The Alcohol and Tobacco Tax and Trade Bureau (TTB) has published several notices pertaining to the regulation of wine and spirits. Comments on all are requested by January 3, 2011. Responding to recent action taken by the Food and Drug Administration with respect to cochineal extract and carmine, which will have to be declared on food labels because of their potential for severe allergic reactions, TTB has proposed requiring the disclosure of these ingredients on wines, distilled spirits and malt beverages. Cochineal extract and carmine are derived from an insect native to subtropical South America and Mexico. According to TTB, its proposal “would allow consumers who are allergic to cochineal extract or carmine to identify and thus avoid alcohol beverage products that contain these color additives.” TTB has also proposed amending wine labeling regulations “to allow the labeling of imported wines with multistate appellations of origin.” According to the agency, this…

Washington State Attorney General Robert McKenna has issued an October 25, 2010, letter to Food and Drug Administration (FDA) Commissioner Margaret Hamburg, alleging that a recent incident involving alcoholic energy drinks (AEDs) sent nine college students to emergency rooms with alcohol poisoning. According to the letter, “Once at the hospital, medical staff found the blood-alcohol levels of the impacted students ranged from .123 percent (legally drunk) to .35 percent—a lethal level of alcohol poisoning… The investigation concludes that the students—all under 21 years old—combined AEDs with other kinds of alcohol.” Citing the October 8 police report, McKenna has claimed that the affected students were drinking an AED manufactured by Phusion Projects, LLC , known as “Four Loko,” which contains 12 percent alcohol and “high doses of caffeine and sugar.” Moreover, the letter continues, “The frightening incident… is hardly unique. In fact, AEDs are sweeping college campuses… Twenty-three students at New…

The American Organic Hop Grower Association (AOHGA) has reportedly persuaded a National Organic Standards Board (NOSB) subcommittee to reverse a recommendation that aimed to keep hops on the National List of Allowed and Prohibited Substances, which governs the use of synthetic and non-synthetic materials in organic production and handling. In advance of an October 25-28, 2010, public meeting in Madison, Wisconsin, NOSB had requested feedback on a number of National List exemptions, including one that currently permits the use of non-organic hops in organic beer. Although the NOSB Handling Committee initially backed a continuation of this policy due to the limited availability of organic hops, AOHGA faulted NOSB for holding hops “to a higher standing than virtually any other agricultural product” by allegedly insisting that all 150 varietals become available in organic form before removal from the list. AOHGA thus urged organic beer brewers and other supporters to petition the…

New York University Professor Marion Nestle has commented on an October 5, 2010, USA Today article that highlights the efforts of alcoholic beverage manufacturers to make financial contributions to breast cancer research efforts. According to USA Today, “Both the American Cancer Society and the National Cancer Institute say even moderate drinking increases breast cancer risk,” but some companies have reportedly started “pink” product campaigns to raise money for research. The purported conflict of interest has led the Breast Cancer Network for Strength and other advocacy groups to consider refusing donations tied to alcohol sales. USA Today cites Dwight Burlingame, associate executive director of the Center on Philanthropy at Indiana University, as saying that “cause-related marketing is not about charity,” but rather serves as a product promotion. At least one beverage manufacturer, however, has disputed that interpretation, noting that its campaign honors an employee who lost her life to breast cancer and…

The U.S. Department of Agriculture’s National Organic Standards Board (NOSB) has announced an October 25-28, 2010, public meeting in Madison, Wisconsin, to review proposed recommendations for the National List of Allowed and Prohibited Substances, which governs the use of synthetic and non-synthetic materials in organic production and handling. NOSB will accept written comments and requests for oral presentations until October 12, 2010. The agenda covers petitioned material and sunset review recommendations for a number of substances, as well as proposed guidance on nanotechnology, “Made With” organic claims and changes to the NOSB policy and procedure manual. In particular, the meeting will address the NOSB Materials Committee’s recommendations for prohibiting engineered nanomaterials in organic production, processing and packaging. According to the committee, concerns about nanotechnology include “the ability of the regulatory agency, the National Organic Program (NOP), to fully control two of the major sources of contamination in final organic food…

The Johns Hopkins Bloomberg School of Public Health’s Center on Alcohol Marketing and Youth (CAMY) has issued a report showing that alcohol companies “have largely met the industry’s voluntary standards of not placing ads in magazines with 30 percent or more youth readership.” Nevertheless, the report singled out 16 brands allegedly responsible “for half of the advertising placed in publications more likely to be seen per capita by youth than adults.” Researchers apparently used gross rating points, as opposed to gross impressions alone, to measure “how much an audience segment is exposed to advertising per capita.” In addition to tracking youth exposure to alcohol advertising, the report focused on the prevalence of youth exposure coming from overexposure. According to CAMY, “Advertising in media in which youth ages 12 to 20 make up more than 15 percent of the audience generally results in these youth being ‘overexposed,’ that is, they are…

U.S. Senator Chuck Schumer (D-N.Y.) has asked the Federal Trade Commission (FTC) to investigate the marketing of certain caffeinated malt beverages that “seem to be explicitly designed to attract underage drinkers” and to determine whether new enforcement actions are warranted. In a July 12, 2010, press release, Schumer singled out popular drinks “that appear hip with flashy colors and funky designs” but contain 12 percent alcohol, which is more than twice the amount in a bottle of beer or glass of wine. “However, the labeling and packaging of these beverages renders them nearly indistinguishable from ordinary energy drinks,” Schumer said. “Some stores even stock them directly next to other energy drinks causing further confusion for legal and illegal consumers.” Schumer called the marketing “extremely troubling” in a letter to FTC Chair Jon Leibowitz. “Frankly, it looks to me as if manufacturers are trying to mislead adults and business owners who…

This investigative report by Slate’s wine columnist, Mike Steinberger, examines the retailer allegedly at the center of a multimillion dollar fraud rippling throughout the rare wine world. Manhattan-based Royal Wine Merchants apparently provided its clientele with highly desirable wines that were later deemed fakes and traced back to Hardy Rodenstock, a supplier suspected of creating counterfeits such as “the so-called Thomas Jefferson bottles.” A lawsuit filed by one collector has since highlighted the connection between the two enterprises, revealing that “Rodenstock shipped 818 bottles of wine to Royal between 1998 and 2008.” According to Steinberger, “Many industry insiders… believe that the Rodenstock invoices prove that the rare wine business has indeed been polluted by fraud.” Steinberger meticulously details the voyage of one fake vintage in particular – a magnum of 1921 Château Pétrus – which changed hands several times and left a glut of litigation in its wake. Although a…

The Center for Digital Democracy and the Berkeley Media Studies Group have released a report, “Alcohol Marketing in the Digital Age,” that discusses some of the specific ways that alcohol beverage companies are conducting contemporary advertising campaigns using digital media, data collection, behavioral targeting, social media, and online gaming and video that allegedly appeal to underage youth. The report, which was reportedly submitted to the Federal Trade Commission (FTC), calls on that agency, as well as the state attorneys general, to “investigate the data collection, online profiling, and targeting practices of alcohol beverage companies online, including social media data-mining technologies. The FTC and other regulators need to determine whether alcohol beverage ad targeting is reaching specific young people and their networks.” While the report notes that beer and alcohol companies have “a self-regulatory code of ethics that includes provisions for limiting exposure to marketing messages to underage youth,” its authors…

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