U.S. Rep. Edward Markey (D-Mass.) and Sens. Richard Durbin (D-Ill.) and Richard Blumenthal (D-Conn.) have issued a joint report presenting the results of their investigation into the energy drink industry. Titled “What’s all the Buzz About?,” the report is based on survey responses from 14 energy drink companies asked to outline their current marketing, labeling and manufacturing practices. According to the lawmakers, the responses highlight various inconsistencies in how these companies market and label their products under current regulations, “leading to consumer confusion and a lack of transparency.” In particular, the report alleges that (i) “four out of the 14 companies surveyed classify and market one or more of its products as dietary supplements, as opposed to conventional beverages”; (ii) “concentrations of caffeine are not uniformly represented on the label of the brands evaluated,” with some concentrations exceeding safety levels set by the Food and Drug Administration (FDA) for soda;…
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Las Vegas, Nevada-based Rockstar, Inc. recently released a “scientific white paper” prepared for the energy drink maker by Intertek Cantox. Signed by University of Kansas Medical Center Department of Pharmacology Professor John Doull, a member of an “Expert Panel convened to evaluate the conditions of use of caffeine in Rockstar products,” the paper reviews scientific literature on the purported health effects of caffeine in adults and youths, and concludes that the estimated daily dietary intakes of the caffeine in Rockstar energy drinks is safe and generally recognized as safe (GRAS) “based on scientific procedures.” The paper also reviews literature on other ingredients, including guarana extract, taurine, milk thistle extract, and ginseng extract, and reports that “the Expert Panel unanimously concluded” that these ingredients are also safe and GRAS. Among other matters, the paper further notes that (i) there is no apparent basis for the claim that the American Academy of Pediatrics…
The Council for Responsible Nutrition has issued recommended guidelines for dietary supplement products containing caffeine, including energy drink products marketed as supplements. According to the council, the guidelines expand “its self-regulatory initiatives that encourage best practices within the supplement industry and promote safe use of dietary supplements by consumers.” Council President and CEO Steve Mister said, “This is one example of how responsible companies in our industry are taking proactive steps to educate consumers so they can make informed decisions about caffeine-containing supplements, and we trust consumers will be mindful of the amounts of caffeine they are getting from all sources.” The guidelines recommend (i) the disclosure of total caffeine content for products with added caffeine in amounts more than 25 mg per serving, “declared in milligrams per serving either in the Supplement Facts Box or in a separate statement elsewhere on the label”; (ii) advisories for conditions of use,…
U.S. Sens. Richard Blumenthal (D-Conn.) and Richard Durbin (D-Ill.) recently sent letters to the CEOs of Monster Beverage Corp., Rockstar, Inc., and Red Bull North America, accusing the companies of marketing energy drinks to children. Citing “growing concern about the potential health risks posed by energy drinks,” the legislators claim that despite pledges to abstain from targeting children with direct advertisements, energy drink manufacturers have sponsored athletic competitions and professional athletes that appeal to youth. In particular, the letters single out Monster Beverage Corp. for purportedly advertising on a Little League scoreboard; distributing free product samples at skate park events geared toward children; and sponsoring “Monster Energy Drink Player of the Game” awards for student athletes. Blumenthal and Durbin also highlight Rockstar’s sponsorship of “a 15-year-old professional skateboarder and role model to young fans” as well as Red Bull’s involvement with a high school football tournament and the Red Bull…
The Legislature of Suffolk County, New York, has adopted new measures (1920-2012, 1085-2013 and 1086-2013) designed to curtail the marketing of energy drinks to minors within county limits. Introduced by William Spencer (D-Centerport), the three new laws will (i) prohibit companies from providing free energy drink samples and coupons to individuals younger than age 18; (ii) ban the sale and distribution of these products to minors in county parks; and (iii) establish a “Truth About Stimulant Drinks” public education campaign “to increase awareness of side effects associated with energy drink consumption.” The legislation also specifies civil penalties between $500 and $1,000 per violation of the new rules. “Far too many people are unaware of the effects excessive caffeine consumption can have on the body,” Spencer told reporters. “Excessive consumption of caffeine can aggravate pre-existing conditions and contribute to a variety of health problems. My plan levels the playing field and…
A group of physicians, researchers and public health experts has urged Food and Drug Administration (FDA) Commissioner Margaret Hamburg to consider the purported adverse health effects, particularly for children and adolescents, posed by energy drinks containing high levels of caffeine, apply existing generally recognized as safe standards to such beverages and require manufacturers to provide caffeine content on product labels. In their March 19, 2013, letter, the signatories cite their own and others’ research to claim that an increase in the consumption of products with added caffeine has been associated with fatalities and injuries, increased emergency room visits, cardiovascular complications, seizures, childhood obesity, and risky behaviors when combined with alcohol. They contend that while caffeine’s effects on adults are known, safe levels for teenagers have not been sufficiently shown. In a related development, several energy drink companies, including Monster Beverage, have reportedly changed their product labels to declare the caffeine…
Pennsylvania residents have filed a putative statewide class action in federal court against the company that makes 5-Hour ENERGY® drinks, claiming that they are promoted as a “healthy vitamin-filled energy drink” but are “nothing more than a shot of caffeine.” Thompson v. Innovation Ventures, LLC, No. 13-336 (W.D. Pa., filed March 7, 2013). The plaintiffs allege that label representations—“Hours of energy now—no crash later” and “Sugar free”—send a message to consumers that the product “will provide five hours of sustained energy within minutes without experiencing any negative ‘crash’ side effects later.” To the contrary, they claim, this “no crash later” representation is false “as admitted on the Defendant’s website and hidden in microscopic language on the back of the bottle which reads: ‘No crash means no sugar crash.’” According to the complaint, more than 25 percent of product users “suffer a caffeine crash.” Claiming purely economic losses and seeking class…
During a recent press conference, counsel for Monster Energy reportedly addressed claims made in a wrongful death lawsuit filed against the company by the parents of a Maryland teenager who allegedly died after consuming the company’s energy drink. The company’s experts have apparently reviewed the medical records in the case and determined that “there is no medical, scientific or factual evidence to support the Maryland medical examiner’s report of ‘caffeine toxicity’ or that Ms. Fournier’s consumption of two Monster Energy Drinks 24 hours apart contributed to, let alone was the cause of her untimely death.” Apparently, no blood tests were conducted to confirm the examiner’s finding, and the 14-year-old had pre-existing conditions—an enlarged heart, a vascular form of connective tissue disease, mitral valve prolapse, and myocardial fibrosis—that purportedly increased her risk of cardiac arrest and sudden death. The company was apparently motivated to call the press conference after a Chicago…
During a hearing to discuss a prohibition on energy drinks in the city, a Chicago City Council committee reportedly decided to further consider the matter at a later date before taking a vote. The proposed ordinances include one introduced in January 2013 by Alderman Edward Burke that would prohibit the sale of drinks with 180 or more milligrams of caffeine and containing the alleged stimulants taurine or guarana. Committee Chair George Cardenas and Alderman William Burns previously introduced another proposal that would prohibit the sale of energy drinks to anyone younger than age 21. Details about Burke’s proposal appear in Issue 468 of this Update. See Chicago Tribune, March 6, 2013; TimeNewsFeed.com, March 7, 2013.
According to media sources, Monster Energy Corp. has announced plans to re-label its energy drinks as beverages regulated by the Food and Drug Administration (FDA) as opposed to dietary supplements. The company reportedly told industry publication Beverage Digest that it will update product labels to include “Nutritional Facts” rather than “Supplement Facts,” as well as information about the caffeine content. The change will purportedly take effect with the introduction of new products and packaging. “The Company saw no reason to continue being subjected to erroneous and misguided criticism that its Monster Energy drinks are being marketed as dietary substances to avoid FDA regulation,” read a statement that the corporation sent to ABC News. Monster Energy and other energy drink manufacturers have faced increased scrutiny and litigation over claims allegedly linking the products to fatalities in susceptible individuals. Additional details about ongoing investigations by FDA and members of Congress appear in…
