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New York Assemblyman Nelson Castro (D-86) has proposed an amendment (A09754) to the state’s agriculture and markets law that would require a warning label on all energy drinks. Citing “serious health risks including heart attack, stroke and even heart disease,” the provision calls for product warnings to appear in a black box and in letters “not less than eight point type.” It would also impose civil liability fines of $1,000 per violation. But unlike a similar proposal in Kentucky that reportedly focuses on caffeine content, the New York law defines an energy drink as containing “a combination of some or all of the following ingredients: sugar, methylkanthines, caffeine, vitamin E, herbs, guarana, açai, taurine, ginseng, maltodextrin, inositol, carnitine, creatine, glucuro-nolactone and ginkgo biloba.” This definition would exclude coffee, according to a January 26, 2010, article in Law360, which noted that the American Beverage Association has questioned the practicality of enforcing…

A Temple University study challenges the sobering effects of caffeine by asserting that mixing caffeine and alcohol could “lead to poor decisions with disastrous outcomes.” Danielle Gulick and Thomas J. Gould, “Effects of Ethanol and Caffeine on Behavior in C57BL/6 in the Plus-Maze Discriminative Avoidance Task,” Behavioral Neuroscience (2009). The authors observed mice in a maze that had been given ethanol (pure alcohol) at levels known to induce intoxication, doses of caffeine the equivalent of one up to six or eight cups of coffee for humans, a combination of the two, or neither. They tested the animals’ (i) “ability to learn which part of the maze to avoid after exposure to a bright light or sound”; (ii) “anxiety, reflected by time spent exploring the maze’s open areas”; and (iii) “general locomotion.” According to a December 7, 2009, press release from the American Psychological Association, which publishes Behavioral Neuroscience, the study revealed…

Responding to a request from a coalition of state attorneys general, the Food and Drug Administration (FDA) has called on the makers of alcoholic energy drinks to provide information and data showing their use of caffeine in alcoholic beverages is permissible under the law. The letter, sent to nearly 30 companies, explains what the law requires in terms of food additives: the additives must meet generally recognized as safe (GRAS) standards or be given pre-market approval by the agency. According to FDA, caffeine is GRAS only when used in cola-type beverages. The letters were issued on November 13, 2009, and the companies were given 30 days to provide the requested information. In late September, the co-chairs of the National Association of Attorneys General Youth Access to Alcohol Committee called for the agency to pull the products from the market, contending that “the combination of caffeine and alcohol in AEDs [alcoholic…

Health Canada has advised consumers not to purchase Chaotic Beverages sold under the brand names Mind Strike, Fearocity, Elixir of Tenacity, and Power Pulse “because they are unauthorized products marketed to a vulnerable population (children) with ingredients that may pose a health risk.” According to an agency press release, “The drinks are tied to a trading card game, animated TV series and website,” but contain unknown amounts of caffeine, “several herbs . . . not included in Health Canada’s list of botanicals with a history of safe use in children,” and unacceptably high levels of taurine, niacin and vitamin A. Power Pulse also allegedly contains “chromium picolinate at levels of possible concern in a product taken by children.” Meanwhile, manufacturer and importer U&ME Marketing has reportedly agreed to reformulate its products by removing all the herbs, taurine and niacin. “At the time of the recall, we had been approved by…

The U.K. Food Standards Agency (FSA) has advised pregnant women to reduce their daily caffeine consumption to 200 milligrams – or approximately two mugs of coffee. The agency previously suggested a maximum intake of 300 mg, but lowered its recommendation after the British Medical Journal published an FSA-funded study concluding that a further reduction would lessen the health risks to unborn children. “This is because too much caffeine might result in a baby having a lower birth weight than it should, which can increase the risk of some health conditions later in life,” stated FSA in a November 3, 2008, press release. FSA has since issued guidelines intended to help expectant mothers gauge their caffeine consumption. The agency has calculated that 200 mg is roughly equal to (i) two mugs of instant coffee; (ii) one mug of filtered coffee; (iii) two mugs of tea; (iv) five cans of cola; (v) two…

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