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 reportedly seeking legal advice about possible charges against importers and retailers. The company’s Asia Pacific marketing director disputed the findings and said, “It would have been absolutely impossible for the Hong Kong or any other authorities to have found traces of cocaine in Red Bull Energy Drink.”

In a related development, the litigation department of the Center for Science in the Public Interest (CSPI) is calling on consumers who have had negative experiences with Red Bull Cola® to submit a report to the organization. According to CSPI, “Research shows that, compared to drinkers who consume alcohol alone, drinkers who mix energy drinks such as Red Bull with alcohol are twice as likely to require hospitalization, to drive drunk, to ride with a drunk driver, to assault someone sexually, or to be a victim of sexual assault.” See Daily Mail, May 25, 2009; Agence France Presse, June 2, 2009; CSPI Litigation Project Docket, 2009.

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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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