U.S. Senators Richard Durbin (D-Ill.) and Richard Blumenthal (D-Conn.) have
for the third time this year challenged the Food and Drug Administration
(FDA) “to take immediate action” to address public concerns about energy
drinks. In their October 26, 2012, letter to FDA, the senators write that they
are “extremely concerned by reports of five deaths following the consumption
of Monster energy drinks and a recent study showing that many energy drinks
labels do not provide caffeine information to consumers.”

Durbin and Blumenthal’s letter refers to a new study issued by Consumer
Reports allegedly revealing that five of the 27 top-selling energy drinks
contain caffeine at levels at least 20 percent above the listed amounts, with
11 beverages failing to specify caffeine content altogether. “We do not know
enough about the effect of caffeine on children and young adults, yet energy
drinks are marketed directly to kids without the oversight that beverages like
soda face,” conclude the senators. “The FDA needs to do more to investigate
the impact of energy drinks and identify the loopholes that allow this deception
to continue.” Additional information about FDA’s response appears in Issues
453 and 459 of this Update.

About The Author


For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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