FDA Tells Beverage Companies: Remedy Violations or Face Seizures


The Food and Drug Administration has issued warning letters to Charge Beverages Corp, New Century Brewing Co, Phusion Projects LLC, and United Brands for caffeine usage in their flavored malt beverages.

The warning was issued after the FDA conducted an analysis of Core High Gravity HG Green, Core High Gravity HG Orange, Four Loko, Joose, Lemon Lime Core Spiked, Moonshot, and Max beverages. FDA researchers found caffeine becomes an unsafe additive when combined with alcohol. The combination violates the Federal Food, Drug, and Cosmetic Act (the FFDCA). The agency provided the companies the opportunity to remedy the violation or face possible seizures and injunctions.

The Center for Disease Control found that when energy drinks are mixed with alcohol, caffeine in the drinks can mask the depressant effects of alcohol. The CDC also notes drinkers of these beverages are 3 times more likely to binge drink, more prone to risky sexual behavior and run higher risks of injury from motor vehicle accidents.

Since the FDA issued the letters, several states have banned the drinks.

In Kansas, The Department of Alcoholic Beverage Control notified liquor retailers to pull Four Loko and similar drinks from the shelves. In Maine, the four distributors of Joose have agreed to stop selling the drink to Maine retailers. The Oregon Liquor Control Commission banned all seven drinks listed on the FDA letters.

In Illinois, State Senator Jacqueline Collins (16th Legislative District), who has fought to keep alcoholic drinks away from youth, feels the FDA warnings are long overdue. There are serious health concerns associated with these types of products, Collins said in a released statement. The caffeine masks [the] consumers ability to realize their alcohol intake. We have to get these products off store shelves across the country, she added. How did the companies respond to the warning letters from the FDA?

United Brands (Joose) responded by changing their web marketing campaign. On their website www.drinkjoose.com, the home page has a 21 and older option that redirects under age visitors of the site to thecoolspot.gov, an informational

site on alcohol. The homepage list links to United Brands Responsible Drinking Policy. In addition, Joose has removed caffeine from their products. Phusion Projects has followed suit adding disclaimers that give complete information on their products as well as revised marketing strategies

Charge Beverages Corp. revision strategies are unclear at this time. What is clear is the FDAs stance on the consumption of alcoholic beverages and that is to please drink responsibly.

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