Federal regulations possible for caffeinated alcoholic drinks

Wednesday, November, 17, 2010; 3:23 PM | 10 | | Print

Joose cans in the refrigerator at Kroger.

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TOPICS: caffeine alcohol fda

Virginia Tech officials are enthusiastic about Food and Drug Administration action which could regulate caffeinated alcohol drinks.

In a phone call to reporters Wednesday afternoon, the FDA and Federal Trade Commission announced they were sending letters to four companies who make the controversial beverages.

The FDA’s letter will focus on the addition of caffeine as an “unsafe food additive”, while the FTC’s letter will claim the marketing of the drinks may constitute deceptive practices.

The four companies receiving letters are United Brands Co., which produces Joose and Max; Phusion Products LLC, which sells Four Loko and Four Maxed drinks; Charge Beverages Corporation, which sells Core High Gravity, Core Spiked, and El Jefe drinks; and New Century Brewing Company, which sells Moonshot.

The companies will have 15 days to respond to the letters.

The announcement comes as caffeinated alcoholic beverages fall under increased scrutiny from state authorities. The drinks have been banned in New York, Washington, Utah, Michigan and Oklahoma in recent weeks.

Virginia’s Department of Alcoholic Beverage Control Monday issued a letter to retailers advising caution when selling the drinks, stressing that consumption by underage consumers was “a serious threat to public
safety.”

Philip Bogenberger, a spokesperson for Virginia ABC, could not confirm if federal regulators had talked with the department about the drinks.

The drinks have also raised issues on the Tech campus.

Steve Clarke, director of Tech’s Campus Alcohol Abuse Prevention Center, said as many as 70 to 80 percent of alcohol-related cases going through Tech’s judicial system involve consumption of a caffeinated alcohol drink.

“The biggest issue is the amount of caffeine and alcohol in one can,” Clarke said.

In a factsheet compiled by the center, a can of popular drink Four Loko has an alcohol level equivalent to 5.6 beers and enough caffeine for either five cups of coffee or three to four cans of soda.

The discussion of state and federal action has prompted some makers of the popular style of drink to pull caffeine from their products. Phusion Products LLC, creator of Four Loko, announced in a release Tuesday evening it will pull caffeine from its products and will only offer a noncaffeinated version of the drink.

“We have repeatedly contended — and still believe, as do many people throughout the country — that the combination of alcohol and caffeine is safe,” said the statement from company co-founders Chris Hunter, Jeff Wright and Jaisen Freeman.

“If it were unsafe, popular drinks like rum and colas or Irish coffees that have been consumed safely and responsibly for years would face the same scrutiny that our products have recently faced,” the statement said.

United Brands, maker of Joose, also released a statement Monday saying it would work with regulators “to ensure that factual information is available to consumers and regulators everywhere.”

The move is similar to one made by Anheuser-Busch and MillerCoors, companies that pulled caffeine from their Tilt and Sparks drinks, respectively.

The move comes after several studies described the risks from the drink.

A 2007 study from Wake Forest University School of Medicine found students consuming energy drinks with alcohol were more likely to be injured, be involved in nonconsensual sex or ride with a drunken driver.

A version of this article appeared in the Nov 18 issue of the Collegiate Times.

Leave a comment 10 Comments Write a letter to the editor

Anonymous | # November 17, 2010 @ 4:27 PM — Flag Comment

I wonder if the Wake Forest study controlled for the types of people that are inclined to drink various types of drinks. What is the causal relationship? Are people more likely to engage in risky activities because of these drinks, or are people who already generally engage in risky activities more likely to drink them?

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Gulp | # November 17, 2010 @ 5:19 PM — Flag Comment

Who cares about causal relationships? This is a ridiculous gesture.

I'm so furious with stupid bureaucraps that I'm gonna grab me a few bourbon and cokes.

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Anonymous | # November 17, 2010 @ 9:39 PM — Flag Comment

Phusion has plans to remove caffeine, taurine, and guarana from Four Loko regardless of legislative action. These companies need to stand up for themselves: if they really think that caffeine and alcohol are safe in combination (and I believe they are) they should recognize that they're not doing anything illegal and stick to their product. People are obviously buying it.

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Anonymous | # November 17, 2010 @ 9:39 PM — Flag Comment

Source for above claim:
http://www.washingtonpost.com/wp-dyn/content/article/2010/11/16/AR2010111606149.html

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CFE | # November 18, 2010 @ 12:06 AM — Flag Comment

Abolish the FDA. Privatize the liquor stores in Virginia. Repeal the National Minimum Drinking Age Act of 1984.

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Alum | # November 18, 2010 @ 7:01 AM — Flag Comment

Yes, yes and yes!

This is America (at least it used to be), we used to be able to make our own decisions and face any possible consqequences. The thought that a drink would be BANNED in a so-called "free" country is downright scary.

It seems to me that the major distributors don't like that underage kids are drinking these alcoholic-energy drinks and not their watered-down light beer like the underage kids of old. How dare they. Granted, these companies were among the first to roll out the energy and alcohol combo, but sales of the smaller company's drinks were better.

FDA, USDA, SEC....these institutions exist to suppress competition from smaller companies to keep the large companies very profitable. This is not a free market.

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Frank | # November 19, 2010 @ 2:07 AM — Flag Comment

They didn't really taste that good to me...

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Marty | # November 19, 2010 @ 2:14 AM — Flag Comment

These are among the crappiest beverages on the planet, but I'll certainly defend the companies' right to sell them. All this nonsense has undoubtedly come from the recent incidents and the (probably correct) assumption that these are usually consumed by underage drinkers. The government needs to stop responding to every news story with new regulations and show some restraint. Liquor has long been mixed with caffeinated drinks and served at bars, and these drinks are no different. Of course you're going to be drunk/wired after 3 Lokos, but you shouldn't be drinking that much anyway. We don't need the nanny state telling us what we can and can't buy. I guess I'll have to pick up a case or two as historical artifacts.

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Ianni | # November 19, 2010 @ 10:48 AM — Flag Comment

Like I have been telling people, a can of LOKO has the same alcohol as a bottle of wine. 7-Eleven sells both for relatively the same price. I remember when I started drinking I would get a case of Two Buck Chuck and drink an entire bottle at a time. The cans are labeled CLEARLY 12%, 24 OZ. There is no mystery. At least they tell people. Regular beer rarely has the alcohol content on the side. Also, what about the other energy boozes like Sparks? And that 5.8 cans of beer is a stupid stat. Bud has 5% alcohol, not even 5 cans worth of Bud in one can of LOKO.

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Anonymous | # December 4, 2010 @ 5:08 PM — Flag Comment

What the heck difference will it make? A student bent on a drinking binge can just buy the non-caffeinated version of the beverage and take a no-doze or two with the beverage.

Know when I'll be enthusiastic? When Virginia Tech administration actually decides to address the problem.

Gee, I guess that will be a long time in coming

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