Campuses Shaken by “Whipahol®” Craze

Since the Food and Drug Administration (FDA) acted last month to nix alcoholic energy drinks, media focus has apparently shifted to the new campus craze, alcohol-infused whipped creams sold under the monikers CREAM and Whipped Lightning. The growing popularity of “whipahol®” has drawn scrutiny from both public health officials and campus administrators, who in some cases have warned parents about “creative combinations of alcohol” and raised questions about the sufficiency of package labeling. As one Boston Public Health Commission spokesperson told reporters, “If a product looks like something else, it’s easy not to be aware that it might contain a lot of alcohol.” See The Boston Herald, November 28, 2010; Boston NECN, November 29, 2010; University of Kansas Parent Association ENews, December 2010.

According to various news sources, the 30-proof canisters are sold in liquor
stores where they do not need to be refrigerated and have a shelf life
approaching nine months. Moreover, because they are considered distilled
spirits, the alcoholic concoctions are not subject to FDA labeling laws but
rather the Federal Alcohol Administration Act (FAA Act) administered by the
Alcohol and Tobacco Tax and Trade Bureau (TTB), which issued a December 7,
2010, statement in response to consumer concerns.

“With respect to distilled spirits specialty products such as those currently being marketed as alcohol infused whipped cream, TTB requires a statement of composition on the label that identifies for consumers the type of distilled spirit in the product, and as a result, the fact that the product is an alcohol beverage,” notes TTB. It has also urged consumers to contact their state alcohol boards with questions about local regulations. See Time’s Healthland and The Washington Post’s Campus Overload, November 29, 2010; Delish.com, November 30, 2010; The Lantern, December 5, 2010.