The Food and Drug Administration (FDA) has issued warning letters to four manufacturers of alcoholic energy drinks (AEDs), calling the caffeine added to these malt beverages an “unsafe food additive” and threatening further action against Charge Beverages Corp.; New Century Brewing Co., LLC; Phusion Projects, LLC; and United Brands Company Inc. FDA apparently released its decision after conducting a scientific review that encompassed peer-reviewed literature, expert consultations, information provided by manufactures, and its own independent laboratory analysis. The agency’s findings evidently raised concerns “that caffeine can mask some of the sensory cues individuals might normally rely on to determine their level of intoxication,” leading to “hazardous and life-threatening situations.” As FDA Principal Deputy Commissioner Joshua Sharfstein summarized in a November 17, 2010, press release, “FDA does not find support for the claim that the addition of caffeine to these alcoholic beverages is ‘generally recognized as safe [GRAS],’ which is the…
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The Washington State Liquor Control Board (WSLCB) has passed a resolution to temporarily “prevent the further sale and distribution of malt beverage products containing caffeine and other stimulants.” Washington Governor Christine Gregoire (D) joined WSLCB in announcing the measure, citing reports that nine Central Washington University students “became dangerously ill” after consuming alcoholic energy drinks (AEDs). “Quite simply, these drinks are trouble. They contain up to 12 percent alcohol – more than twice the amount found in most beer,” Gregoire was quoted as saying. “Added to that are large amounts of caffeine, which can mask the effects of alcohol. By taking these drinks off the shelves we are saying ‘no’ to irresponsible drinking and taking steps to prevent incidents like the one that made these college students so ill.” The emergency ban apparently covers all AEDs “that combine beer, strong beer, or malt liquor with caffeine, guarana, taurine, or other similar…
The Michigan Liquor Control Commission (MLCC) has rescinded “the approval of all alcohol energy drinks [AEDs],” citing “widespread community concerns aired by substance abuse prevention groups, parent groups and various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…
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…
A Kentucky man accused of murdering his wife reportedly notified the court that he would defend himself by claiming that a high caffeine intake, from soft drinks, energy drinks and diet pills, made him temporarily insane and unable to form the requisite criminal intent to kill his wife. During opening statements, however, his attorney apparently stated that Woody Will Smith did not murder his wife, but provided a false confession to police because of high stress from large amounts of caffeine and a lack of sleep. According to news sources, the caffeine defense has been used before and was successful in the case of an Idaho man who allegedly injured two pedestrians with a car. A judge reportedly concluded that this man could not form the mental intent to commit the crime after consuming two large cups of coffee following a restless night and weeks of hard work. Experts have…
“Caffeine-loaded energy drinks have now crossed the line from beverages to drugs delivered as tasty syrups,” opines a July 26, 2010, Canadian Medical Association Journal editorial, which recommends “strict regulations” and warning labels comparable to those required for caffeine tablets. According to the authors, these sweetened beverages pose a unique health risk to adolescents, 73 percent of whom reported consuming at least 100 mg of caffeine per day, and college students who “often mix energy drinks with alcohol, a potentially hazardous combination because the high levels of caffeine can mask the perception—but not the consequences—of acute alcohol intoxication.” Moreover, claims the editorial, these products “are often targeted toward children and youth through carefully designed advertising campaigns as well as sponsorship of events such as snowboarding and skateboarding competitions.” The editors thus call for “government-mandated restrictions on labeling, sales and marketing, or self-imposed industry standards with clear labeling accompanied by public education.”…
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 article by book author Anneli Rufus discusses a recently issued scientific study that purports to show that caffeine can “significantly reduce [] the number of errors” made by shift workers and can, in fact, be more effective at preventing errors than a nap. Rufus further explores how widespread U.S. consumers’ alleged addiction to coffee, caffeine and energy drinks has become, noting that nearly one-third of American teenagers “regularly consume caffeinated energy drinks.” The article discusses the purported physical effects of ingesting too much caffeine, reporting that the National Institutes of Health this year classified caffeine as a “poisonous ingredient” and recommends calling the National Poison Control Center if caffeine overdose is suspected. The author provides anecdotal evidence about the difficulty some encounter when they consume ever higher amounts of caffeine to maintain the same effects and then attempt to quit cold turkey.
A recent report examining trends in energy drink consumption claims that the U.S. market’s “exponential growth” has outpaced regulatory mechanisms designed for other beverages. M.A. Heckman, K. Sherry and E. Gonzalez de Mejia, “Energy Drinks: An Assessment of Their Market Size, Consumer Demographics, Ingredient Profile, Functionality, and Regulation in the United States,” Comprehensive Reviews in Food Science and Food Safety, May 2010. University of Illinois researchers apparently found that, despite a lack of scientific consensus as to their physiological and cognitive effects, energy drinks represent “more than 200 brands in the United States alone, all purporting to increase energy, longevity, and vitality in some form or another.” The report provides an overview of these marketing strategies as well as common energy drink ingredients, including caffeine, taurine, guarana, ginseng, yerba mate, B vitamins and “health-promoting constituents” like antioxidant polyphenols. It claims that the majority of such products are pitched to teenagers and…
The Louisiana Senate Commerce Committee has reportedly rejected a bill (S.B. 128) that would have prohibited the sale of certain high caffeine beverages to youth younger than age 16. Introduced by State Senator Robert Adley (R-Benton), the bill defined an energy drink as “any drink, except coffee, that contains at least five milligrams of caffeine per fluid ounce.” Affected drinks purportedly included Red Bull, Rockstar and Full Throttle. According to a news source, committee members were concerned the legislation would start a trend of creating restrictions on specific products and place a regulatory burden on retailers. “If we outlaw these drinks, we’re going to be up here for 10 years outlawing Twinkies, Milky Ways, whatever,” said State Senator Danny Martiny (R-Kenner). See The Times-Picayune, April 22, 2010.
