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.
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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…
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…
German officials are reportedly considering banning high-energy drink Red Bull Cola® after a food safety institute in North-Rhine Westphalia found traces of cocaine in the beverages. While the levels found did not pose a health threat, cocaine’s presence in a product requires special licensing. German authorities in two states have reportedly ordered retailers to stop selling the beverage. The product’s manufacturer reportedly admitted that it contains de-cocainized extract of coca leaf, but said the leaf “is used worldwide in foods as a natural flavoring.” The drink, which also contains caffeine, vitamins and sugar, is apparently popular in bars where it is often mixed with vodka. Hong Kong officials also found traces of cocaine in the beverage a few days after Taiwanese authorities reportedly confiscated some 18,000 cases of the product. The drink has been removed from the shelves of major supermarkets in Hong Kong, and its commissioner for narcotics is…
Health Canada has published the results of a survey it conducted to detect and measure levels of bisphenol A (BPA) in canned beverages such as soft drinks, tea and energy drinks. The federal agency detected the chemical in nearly all of the samples tested, with some of the highest levels appearing in energy drinks containing caffeine. Health Canada scientists detected no BPA in two tonic water products and one energy drink product. According to the survey, “It is believed that quinine hydrochloride, which is commonly used as a bittering agent in tonic type drinks, may interfere with BPA extraction.” While the levels found in the beverages were below regulatory limits, some scientists are reportedly concerned that the large number of sources of exposure may pose cumulative risks to human health. University of Missouri biologist Frederick vom Saal contends that harmful effects of the chemical, which mimics the effects of estrogen in…
