What’s in Your Kid’s Favorite Drink? (Big Brother wants to know…)

November 16th, 2009. By LucyC

College kids, caffeine and alcohol. How many red flags does that sentence raise for you? Well, it’s raised a few at the Food and Drug Administration (FDA), specifically, is adding caffeine to alcoholic beverages legal, and is it safe from a health perspective? Short answer: the Agency isn’t sure…or at least that’s how it appears. 

So, last week the FDA issued a press release alerting the public about its latest course of action on this issue—which by the way is not new. The Wall Street Journal wrote a piece on this in August, stating “Last year, [2008] about a dozen attorneys general secured settlements with beer giants Anheuser-Busch InBev NV and MillerCoors LLC, which agreed to remove caffeine, guarana and other stimulants from drinks such as Sparks.” 

But that’s another story. I digress. The FDA press release informed the public that it has issued letters to 30 manufacturers of caffeinated alcoholic beverages—basically putting them on advisement that the whole issue is under investigation. The crux of the matter is:

“Under the Federal Food, Drug, and Cosmetic Act, a substance added intentionally to food (such as caffeine in alcoholic beverages) is deemed “unsafe” and is unlawful unless its particular use has been approved by FDA regulation, the substance is subject to a prior sanction, or the substance is Generally Recognized As Safe (GRAS). FDA has not approved the use of caffeine in alcoholic beverages and thus such beverages can be lawfully marketed only if their use is subject to a prior sanction or is GRAS. For a substance to be GRAS, there must be evidence of its safety at the levels used and a basis to conclude that this evidence is generally known and accepted by qualified experts.” (FDA press release Nov 13, 2009)

But what are safe levels? According the FDA caffeine has only been approved as an additive for use in soft drinks in concentrations of no greater than 200 parts per million. It has not approved caffeine for use at any level in alcoholic beverages. So presumably, there’s no established safe limit, as yet…

Add to this little cocktail of uncertainty the fact that a primary target market for these types of drinks is your teenage sons and daughters, and you have a recipe for trouble. According to the FDA press release, “Of the combined use of caffeine and alcohol among US college students in the few studies on this topic, the prevalence was as high as 26 percent.” The release goes on to state that in September of this year, “the FDA received a letter from 18 Attorneys General and one city attorney expressing concerns about caffeinated alcoholic beverages.”

So the companies that make caffeinated alcoholic beverages have been given 30 days notice to produce evidence that “of their rationale, with supporting data and information, for concluding that the use of caffeine in their product is GRAS or prior sanctioned.”

FYI – here’s a list of manufacturers of caffeinated alcoholic beverages.

Charge Beverages Corporation
Products: Liquid Charge, Liquid Core, High Gravity Core  

United Brands Company, Inc
Products: Joose, Max Vibe, Max Fury, Max Live, 3Sum  

Phusion Projects LLC
Products: Four, Four Loko, Four Maxed  

Point Blank Beverages Co.
Products: Torque  

Hard Wired Brewing Company, LLC
Products: Hard Wired  

Mix Master Beverage Co
Products: 24/7  

Catalyst Beverage Company
Products: Catalyst  

New Century Brewing Company
Products: Moonshot  

Melanie Brewing Co
Products: Evil Eye  

Thomas Creek Brewery, LLC
Products: Mobius Lager  

Diageo North America, Inc
Products: Smirnoff Raw Tea Malt Beverage  

Constellation Brands
Products: Wide Eye  

The P.I.N.K. Spirits Company/Prohibition Beverage Inc
Products: P.I.N.K. Vodka, P.I.N.K. Tequila, P.I.N.K. Rum, P.I.N.K. Gin, P.I.N.K. White Whiskey, P.I.N.K. Sake  

Delicious Brands Inc.
Products: Lotus Vodka  

Sovereign Brands
Products: 3AM Vodka  

Moet Hennessey/Millennium Import LLC
Products: Belevedere IX  

Shotpak Vodka
Products: Gravity Vodka  

Wingard USA (Importer)
Products: V2 Vodka with Caffeine, Everglo Vodka  

LeVecke Corporation
Products: Vicious Vodka with Caffeine  

Rocktail Drinks/Liquid Manufacturing LLC
Products: Slingshot Party Gel  

Cold Spring Brewing Company/Atomic Brands
Products: A:M Carpe Noctern  

808 Spirits Co.
Products: 808 Mango Beat  

Gaamm Imports Inc.
Products: Booya Espresso Silver Tequila with Caffeine  

Ithaca Beer Co.
Products: Ithaca Eleven Malt Beverage with Coffee  

Gluek Brewing Company
Products: Gruv Malt Beverage with Guarana  

MHW, Ltd and Niche Import Company
Products: Agwa De Bolivia  

Rizer Spirits Inc
Products: XZO Vodka with Caffeine, Taurine, and Guarana  

Tags: alcohol, alcoholic beverages, caffeine, FDA

This was posted on Monday, November 16th, 2009 at 5:22 pm and is filed under Emerging Issues . Feel free to respond, or trackback. Read our comments policy.