The European Food Safety Authority (ESFA) has opened a public consultation on a draft scientific opinion finding that “single doses of caffeine up to 200 mg and daily intakes of up to 400 mg do not raise safety concerns for adults.” Authored by EFSA’s Nutrition Unit, the draft opinion also concludes that (i) “it is unlikely that caffeine interacts adversely with other constituents of ‘energy drinks’—such as taurine and D-glucurono-γ-lactone—or alcohol”; (ii) “for pregnant women, caffeine intakes of up to 200mg a day do not raise safety concerns for the fetus”; (iii) “for children (3-10 years) and adolescents (10-18 years), daily intakes of 3mg per kg of body weight are considered safe”; and (iv) “single doses of 100mg may increase sleep latency (the amount of time it takes to fall asleep) and shorten sleeping time in some adults.” EFSA has requested comments by March 15, 2015. See EFSA News Release,…
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Reversing a lower-court decision, a California appeals court has ruled that state dram shop statutes—meant to protect some sellers of alcohol beverages from liability for injuries related to the beverages’ consumption—do not provide immunity for City Brewing Co. in a lawsuit alleging that the company was negligent in producing Four Loko. Fiorini v. City Brewing Co., No. F067046 (Cal. Ct. App., 5th Dist., order entered November 6, 2014). After drinking two 23.5-ounce cans of Four Loko, the plaintiff’s son was shot to death by police in October 2010. The plaintiff alleged that City Brewing, which brewed, bottled and labeled Four Loko, was liable for negligence for producing an alcohol beverage in a nonresealable can apparently containing alcohol “equivalent to five or six 12-ounce cans of beer” and “as much caffeine as two cups of coffee” because “combining alcohol, a depressant, with caffeine and other stimulants created a product that had unreasonably…
World Health Organization (WHO) researchers recently published an analysis of energy drink consumption in Europe that takes into account relevant scientific literature published through June 2014. Joao Breda, et al., “Energy drink consumption in Europe: a review of the risks, adverse health effects, and policy options to respond,” Frontiers in Public Health, October 2014. Noting that most adverse events associated with energy drink consumption are caffeine-related, the study reports that some energy drinks contain “extreme caffeine levels much higher than mainstream brands as they try to establish themselves in the market.” “Consumption of energy drinks among adolescents is associated with other potentially negative health and behavioral outcomes such as sensation seeking, use of tobacco and other harmful substances, and binge drinking and is associated with a greater risk for depression and injuries that require medical treatment,” suggest the study’s authors. “There is an increasing amount of research linking energy drink…
Following the recent death of an Ohio teenager whose autopsy reportedly revealed blood levels of more than 70 micrograms of caffeine per milliliter, the Food and Drug Administration (FDA) this week issued “consumer advice” warning parents that powdered pure caffeine is a “powerful stimulant and very small amounts may cause accidental overdose.” Such products are unregulated and sold as dietary supplements. According to the agency, a teaspoon of pure caffeine is “roughly equivalent” to the amount contained in 25 cups of coffee. FDA is encouraging the public as well as health care providers to report any adverse events related to consumption of powdered pure caffeine to the agency. See Associated Press, July 19, 2014; FDA Consumer Advice on Powdered Pure Caffeine, July 21, 2014. Issue 531
The state attorneys general (AGs) of Oregon, Vermont and Washington have reportedly filed separate lawsuits against Living Essentials and its parent Innovation Ventures seeking a permanent injunction to stop allegedly misleading and deceptive advertising for 5-hour ENERGY®. According to news sources, other state AGs are expected to bring similar action; some 30 have been investigating the accuracy of company ads for the product. Washington AG Bob Ferguson has alleged that the defendants violated the state consumer protection statute by (i) airing TV commercials with “survey results” from doctors who “recommend” the product “while misrepresenting survey results and failing to disclose key facts”; (ii) using a misleading “no sugar crash” product tagline given studies demonstrating a caffeine crash; (iii) implying that the product can be consumed by teens with the label statement, “Do not take if you are pregnant or nursing, or under 12 years of age”; and (iv) claiming that the…
The Center for Science in the Public Interest (CSPI) has submitted a letter to U.S Food and Drug Administration (FDA) Commissioner Margaret Hamburg requesting that FDA require that “all beverages consumed in a soda-like manner, including energy drinks, comply with the same regulations that limit caffeine in ‘cola-type beverages’” and that energy drinks carry warning labels that alert consumers of possible adverse reactions like convulsions or heart attacks. The letter details information obtained from FDA about adverse events related to energy drinks from 2004 to 2014, including heart failure, disability and miscarriage. CSPI also warns that energy drinks are heavily marketed to children and teens, and rates of usage among those groups are high—the letter cites a study finding that approximately 30 to 50 percent of children, adolescents and young adults reported consuming more than one energy drink per month. The consumer group further presses FDA to issue a public…
A recent study has found that sleep deprivation can lead to unethical behavior, but caffeine can counteract the effect. David T. Welsh, et al., “Building a Self-Regulatory Model of Sleep Deprivation and Deception: The Role of Caffeine and Social Influence,” Journal of Applied Psychology, March 2014. Researchers kept volunteers awake overnight then gave half of the participants a piece of gum laced with 200 mg of caffeine. The researchers then created situations emulating work environments in which a boss or a peer pressured the participants to “cut ethical corners at work” by lying to earn extra money. The caffeinated subjects consistently refused to lie, while the non-caffeinated subjects were significantly more willing to participate in the deception. “Our results support supplying employees with caffeinated products,” the researchers report, although they warn that caffeine consumption is not a replacement for sleep. Issue 521
According to New York Attorney General (AG) Eric Schneiderman, Phusion Projects, LLC, the company that makes Four Loko flavored malt beverages, has agreed to settle allegations by 20 attorneys general and the San Francisco city attorney that the company marketed and sold its products in violation of consumer protection and trade practice statutes. In re Investigation by Eric T. Schneiderman, N.Y. AG of Phusion Projects, LLC, No. AOD 14-075 (N.Y. AG, Bureau of Consumer Frauds & Protection, March 25, 2014). Without admitting any liability, the company has agreed not to (i) promote the misuse of alcohol or mixing flavored malt beverages with caffeinated products; (ii) manufacture, market, sell, or distribute any caffeinated alcohol beverages; (iii) provide materials to wholesalers, distributors or retailers promoting mixing flavored malt beverages with caffeinated products; (iv) sell, distribute or promote alcohol beverages to underage persons or hire underage persons to promote these products; (v) use college-related…
The company that makes Four Loko, a caffeinated malt liquor beverage allegedly responsible for the deaths of five consumers, has reached a settlement with two Liberty Mutual Insurance Co. units which had sought a declaration that a policy exclusion freed them from defending or indemnifying the beverage maker in the underlying lawsuits. The Netherlands Ins. Co. v. Phusion Projects, Inc., No. 12-7968 (N.D. Ill., stipulation of dismissal filed March 11, 2014). The settlement terms have not been disclosed. Details about a Seventh Circuit ruling on the insurance carriers’ duty to defend appear in Issue 508 of this Update. Issue 517
Maryland lawmakers have proposed legislation (H.B. 1273) that would prohibit the sale of energy drinks to youth younger than age 18. Defining energy drink as a “beverage, an energy shot, or a powdered drink mix that contains 71 milligrams or more of caffeine per 12-ounce serving and the ingredients taurine, guarana, panax ginseng, inositol, or L-Carnitine in any amount,” the bill would also prohibit minors from possessing such drinks and prohibit their sale in vending machines. In a related development, Maryland lawmakers have also proposed legislation (H.B. 1255) that would prohibit the inclusion of “any beverage other than bottled water or low-fat milk in a fixed-priced children’s menu or meal.” See BaltimoreCBSLocal.com, March 7, 2014. Issue 517
