Ban on caffeinated alcoholic drinks in the United States

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Four Loko beverage, a common caffeinated alcoholic beverage Four Loko Beverage Large Can.jpg
Four Loko beverage, a common caffeinated alcoholic beverage

The 17 November 2010 [1] United States ban on caffeinated alcoholic drinks is a ban which prevents the marketing and distribution of any prepackaged caffeinated alcoholic drink.

Contents

Such a ban was discussed as a result of multiple cases of alcohol poisoning and alcohol-related blackouts among users of such drinks. The majority of these alcohol poisoning cases were found on college campuses throughout the United States. Caffeinated alcoholic drinks such as Four Loko, Joose, Sparks and Tilt were the most popular around the U.S. The beverages, which combine malt liquor or other grain alcohol with caffeine and juices at alcohol concentrations up to about 14 percent, had become popular among younger generations. Their consumption had been associated with increased risk of serious injury, drunken driving, sexual assault and other detrimental behavior. [2]

Active ingredients

One of the more popular drinks, Four Loko, originally mixed an amount of caffeine equal to three cups of coffee with alcohol equivalent to about three cans of beer. Critics argue that the beverages are designed to appeal to younger buyers that are used to drinking caffeinated energy drinks. A 23.5-U.S.-fluid-ounce (690 ml) can of Four Loko contains either 6 or 12 percent alcohol by volume, depending on state regulations. [1] Another reason for drinks such as Four Loko's appeal to youth is the pricing. [3] At approximately $2 a can, it has been reported that college students or younger high school students would be more inclined to buy such beverages. [3] When the ban was placed at the end of 2010, many students bought out what was left on shelves for resale. [3]

Proposed reason for ban

The U.S. Centers for Disease Control and Prevention estimates that the beverages are regularly consumed by 31 percent of 12- to 17-year-olds and 34 percent of 18- to 24-year-olds. After this was released there was a parental outcry from the majority of the country to ban the beverage. [4] Drinkers who consume alcohol-laced energy drinks are about twice as likely as drinkers who do not report mixing alcohol with energy drinks to report being taken advantage of sexually, to report taking advantage of someone else sexually, and to report riding with a driver who was under the influence of alcohol, according to the CDC. [4] Research has also noted that the extreme levels of alcohol and caffeine in the large serving beverages creates a "wide-awake drunk" that makes it impossible for people to comprehend how intoxicated they actually are and allows them to consume far more alcohol than they otherwise would be able to without passing out from intoxication. [3]

As of November 10, 2010, caffeinated alcoholic energy drinks had been banned in Washington and Michigan in the United States. [5] [6] The bans followed a widely publicized incident which resulted in hospitalization in the Fall of 2010 of college students who had consumed several cans of Four Loko caffeinated alcoholic beverage. [7] Utah, which has state controlled liquor retail outlets, after studying them, never permitted the sale of caffeinated alcoholic energy drinks. [8] The products will no longer be delivered to Oklahoma after December 3, 2010, [9] and delivery to retailers has been suspended in New York. [10]

On November 17, 2010, the US Food and Drug Administration warned four companies, Charge Beverages Corp., New Century Brewing Co., Phusion Projects, and United Brands Company Inc, that the caffeine added to their malt alcoholic beverages is an "unsafe food additive" and said that further action, including seizure of their products, may occur under federal law. [11] In a press release, the FDA states "there is evidence that the combinations of caffeine and alcohol in these products pose a public health concern." They also state that concerns have been raised that caffeine can mask some of the sensory cues individuals might normally rely on to determine their level of intoxication. Warning letters were issued to each of the four companies requiring them to provide to the FDA in writing within 15 days of the specific steps the firms will be taking.

Manufacturers have argued that drinking a caffeinated alcoholic energy drink is indistinguishable from drinking a couple of glasses of wine followed by a couple of cups of coffee. [10]

Adverse effects

Caffeine has not been shown to have an effect on a person's self-assessment of their level of alcohol intoxication. [12]

Food and Drug Administration

In November 2009, the U.S. Food and Drug Administration notified nearly 30 manufacturers of caffeinated alcoholic beverages that it would study the safety and legality of their products. [5]

In November 2010, the agency told the manufacturers of seven such beverages, including Four Loko, that their drinks are a "public health concern" and can not stay on the market in their current form. [1] A member of the FDA said that the agency did not support the claim that the addition of caffeine to these alcoholic beverages is GRAS ("generally recognized as safe"), a regulatory standard. [1]

The agency clarified that beverages that naturally contain caffeine due to their ingredients, such as coffee-based liqueurs, are not limited by these restrictions; the ruling only applies to beverages that have specifically added caffeine. [13]

Removing caffeine

The decision to remove caffeine from the beverage came from a review by the FDA, which gave the companies a window to either remove the caffeine and other stimulants in the drinks or face possible penalties under federal law. [1] Experts have said the caffeine used in the beverages can mask the effects of alcohol, leaving drinkers unaware of how intoxicated they are. One of the companies that received letters of warning was Phusion Projects in Chicago which makes Four Loko. Phusion Projects announced in November 2010 that it was dropping caffeine and two other ingredients, guarana and taurine, from Four Loko because of a politically angered environment. [1]

Buying binge

In the last quarter of 2010, around Washington D.C. there were record sales on the beverage Four Loko. [3] Multiple liquor stores in the D.C. area near American and Georgetown universities claimed that there was an increase in sales of caffeinated alcoholic beverages before they were moved from the shelves. Grocery stores near the George Washington University campus also reported a large sales increase. [3]

Related Research Articles

<span class="mw-page-title-main">Caffeine</span> Central nervous system stimulant

Caffeine is a central nervous system (CNS) stimulant of the methylxanthine class. It is mainly used as a eugeroic (wakefulness promoter) or as a mild cognitive enhancer to increase alertness and attentional performance. Caffeine acts by blocking binding of adenosine to the adenosine A1 receptor, which enhances release of the neurotransmitter acetylcholine. Caffeine has a three-dimensional structure similar to that of adenosine, which allows it to bind and block its receptors. Caffeine also increases cyclic AMP levels through nonselective inhibition of phosphodiesterase.

Caffeinism is a state of intoxication caused by excessive consumption of caffeine. This intoxication covers a variety of unpleasant physical and mental symptoms associated with the consumption of excessive amounts of caffeine.

<span class="mw-page-title-main">Energy drink</span> Beverage containing stimulants

An energy drink is a type of drink containing stimulant compounds, usually caffeine, which is marketed as providing mental and physical stimulation. They may or may not be carbonated and may also contain sugar, other sweeteners, or herbal extracts, among numerous other possible ingredients.

<span class="mw-page-title-main">Buckfast Tonic Wine</span> Caffeinated fortified wine

Buckfast Tonic Wine is a caffeinated alcoholic drink consisting of fortified wine with added caffeine, originally made by monks at Buckfast Abbey in Devon, England. It is now made under a licence granted by the monastery, and distributed by J. Chandler & Company in Great Britain, James E McCabe Ltd in Northern Ireland, and Richmond Marketing Ltd in Ireland. It is based on a traditional recipe from France. The wine's distributor reported record sales of £43.2 million as of March 2017.

<span class="mw-page-title-main">Caffeinated drink</span> Type of drink

A caffeinated drink, or caffeinated beverage, is a drink that contains caffeine, a stimulant that is legal practically all over the world. Some are naturally caffeinated while others have caffeine added as an ingredient.

<span class="mw-page-title-main">Vodka Red Bull</span> Caffeinated alcoholic beverage

Vodka Red Bull is a caffeinated alcoholic drink consisting of the energy drink Red Bull and varying amounts of vodka. Although some people consider it a cocktail, it fails to meet this definition under the International Bartending Association's criteria.

<span class="mw-page-title-main">Caffeine dependence</span> Medical condition

Caffeine dependence is a condition characterized by a set of criteria including tolerance, withdrawal symptoms, persistent desire or unsuccessful efforts to control use, and continued use despite knowledge of adverse consequences attributed to caffeine. It can appear in physical dependence or psychological dependence, or both. Caffeine is one of the most common additives in many consumer products, including pills and beverages such as caffeinated alcoholic beverages, energy drinks, pain reliever medications, and colas. Caffeine is found naturally in plants such as coffee and tea and other plants. Studies have found that 89 percent of adults in the U.S. consume on average 200 mg of caffeine daily. One area of concern that has been presented is the relationship between pregnancy and caffeine consumption. Repeated caffeine doses of 100mg appeared to result in smaller size at birth in newborns. When looking at birth weight however, caffeine consumption did not appear to make an impact.

<span class="mw-page-title-main">Four Loko</span> Line of alcoholic drinks

Four Loko is a line of alcoholic beverages sold by Phusion Projects of Chicago, Illinois, United States. Four Loko's recipe formerly included caffeine. Phusion operates as Drink Four Brewing Company. Four Loko, the company's most popular beverage, debuted in the United States market in 2005 and is available in 49 states, and in 21 countries including Ecuador, Guatemala, Paraguay, The Bahamas, Peru, Mexico, Colombia, Bolivia, Honduras, El Salvador, Nicaragua, Costa Rica, China, Canada and some countries in Europe. The name "Four" is derived from the original drink having four "key ingredients".

Tilt was an alcoholic beverage launched by Anheuser-Busch in the United States in August 2005. It was sold in 16 and 24 fluid ounce cans. Its alcoholic content by volume varied. In 16oz cans, it ranged from 4-6.6% depending on state laws. In 24oz cans, its alcoholic content by volume was originally 12%, but was later lowered to 8% in 2010. The drink was reformulated in 2008.

<span class="mw-page-title-main">Federal drug policy of the United States</span> Nationwide framework regarding the abuse of drugs in the United States

The drug policy in the United States is the activity of the federal government relating to the regulation of drugs. Starting in the early 1900s, the United States government began enforcing drug policies. These policies criminalized drugs such as opium, morphine, heroin, and cocaine outside of medical use. The drug policies put into place are enforced by the Food and Drug Administration and the Drug Enforcement Administration. Classification of Drugs are defined and enforced using the Controlled Substance Act, which lists different drugs into their respective substances based on its potential of abuse and potential for medical use. Four different categories of drugs are Alcohol, Cannabis, Opioids, and Stimulants.

Alcohol powder or powdered alcohol or dry alcohol is a product generally made using micro-encapsulation. When reconstituted with water, alcohol in powder form becomes an alcoholic drink. In March 2015 four product labels for specific powdered alcohol products were approved by the United States Alcohol and Tobacco Tax and Trade Bureau (TTB) which opened the doors for legal product sales. However, as of 4 January 2016, the product is not yet available for sale and legalization remains controversial due to public-health and other concerns. Researchers have expressed concern that, should the product go into production, increases in alcohol misuse, alcohol use disorder, and associated physical harm to its consumers could occur above what has been historically associated with liquid alcohol alone.

<span class="mw-page-title-main">Hangover</span> Discomfort following alcohol consumption

A hangover is the experience of various unpleasant physiological and psychological effects usually following the consumption of alcohol, such as wine, beer, and liquor. Hangovers can last for several hours or for more than 24 hours. Typical symptoms of a hangover may include headache, drowsiness, concentration problems, dry mouth, dizziness, fatigue, gastrointestinal distress, absence of hunger, light sensitivity, depression, sweating, hyper-excitability, irritability, and anxiety.

<span class="mw-page-title-main">Joose</span> Flavored malt beverage

Joose is a flavored malt beverage introduced by United Brands Co. in 2005. Joose is the first premium malt beverage at 9.9% ABV in a 24 oz can. It is also sold at 12% ABV and 14% ABV in a 23.5 oz can.

Allen's Coffee Brandy is a coffee-flavoured liqueur popular in New England, especially Maine. Allen's Coffee Brandy is prepared and bottled by M.S. Walker, Inc. of Norwood, Massachusetts. The beverage is 60 proof.

<span class="mw-page-title-main">Alcohol laws of New Jersey</span> Laws governing alcoholic beverages in New Jersey

The state laws governing alcoholic drinks in New Jersey are among the most complex in the United States, with many peculiarities not found in other states' laws. They provide for 29 distinct liquor licenses granted to manufacturers, wholesalers, retailers, and for the public warehousing and transport of alcoholic drinks. General authority for the statutory and regulatory control of alcoholic drinks rests with the state government, particularly the Division of Alcoholic Beverage Control overseen by the state's Attorney General.

<span class="mw-page-title-main">Alcohol law</span> Law pertaining to alcoholic beverages

Alcohol laws are laws relating to manufacture, use, being under the influence of and sale of alcohol or alcoholic beverages. Common alcoholic beverages include beer, wine, (hard) cider, and distilled spirits. Definition of alcoholic beverage varies internationally, e.g., the United States defines an alcoholic beverage as "any beverage in liquid form which contains not less than one-half of one percent of alcohol by volume". Alcohol laws can restrict those who can produce alcohol, those who can buy it, when one can buy it, labelling and advertising, the types of alcoholic beverage that can be sold, where one can consume it, what activities are prohibited while intoxicated, and where one can buy it. In some cases, laws have even prohibited the use and sale of alcohol entirely.

<span class="mw-page-title-main">Caffeinated alcoholic drink</span> Drink containing both alcohol and caffeine

A caffeinated alcoholic drink is a drink that contains both alcohol and a significant amount of caffeine. Caffeine, a stimulant, masks some of the depressant effects of alcohol. However, in 2010 and 2011, this type of drink faced criticism for posing health risks to its drinkers. In some places there is a ban on caffeinated alcoholic drinks.

Rhythm was a citrus flavoured liqueur infused with caffeine, ginseng, damiana, taurine, Vitamin B6, Vitamin B12, guarana, and electrolytes made by RJS Spirits LLC, an American company based in Louisville, Kentucky.

<span class="mw-page-title-main">Khamr</span> Arabic word for intoxicant, wine

Khamr is an Arabic word for wine or intoxicant. It is variously defined as alcoholic beverages, wine or liquor.

References

  1. 1 2 3 4 5 6 Cohen, Elizabeth; Young, Saundra; Smith, Matt (November 17, 2010). "FDA calls 7 caffeine-alcohol drinks unsafe". cnn.com .
  2. ↑ Harris, Gardiner (November 14, 2009). "F.D.A. Says It May Ban Alcoholic Drinks With Caffeine". The New York Times . p. A11.
  3. 1 2 3 4 5 6 Johnson, Jenna; Sieff, Kevin (November 19, 2010). "Alcoholic energy drink's ban fuels a buying binge". The Washington Post .
  4. 1 2 "FDA Expected to Ban Caffeinated Alcohol Drinks". U.S. News & World Report . HealthDay News. November 17, 2009.
  5. 1 2 FDA (November 13, 2009). "FDA To Look Into Safety of Caffeinated Alcoholic Beverages Agency Sends Letters to Nearly 30 Manufacturers". Press release. U.S. Food and Drug Administration. Archived from the original on November 16, 2009. Retrieved November 11, 2010.
  6. ↑ Goodnough, Abby (November 10, 2010). "Second State Bans Caffeinated Alcoholic Drinks". The New York Times. Retrieved November 11, 2010.
  7. ↑ Goodnough, Abby (October 26, 2010). "Caffeine and Alcohol Drink Is Potent Mix for Young". The New York Times. Retrieved November 11, 2010.
  8. ↑ Evensen, Jay (October 27, 2010). "Utah a step ahead on Four Loko". Deseret News .
  9. ↑ Colberg, Sonya (November 9, 2010). "Oklahoma panel bans deliveries of Four Loko after Dec. 3".
  10. 1 2 Abby Goodnough; Dan Frosch (November 15, 2010). "F.D.A. Expected to Act on Alcoholic Energy Drinks". The New York Times. Retrieved November 16, 2010.
  11. ↑ "FDA Warning Letters issued to four makers of caffeinated alcoholic beverages". Food and Drug Administration . November 17, 2010. Retrieved November 17, 2010.
  12. ↑ Benson, Sarah; Verster, Joris C.; Alford, Chris; Scholey, Andrew (2014). "Effects of mixing alcohol with caffeinated beverages on subjective intoxication: A systematic review and meta-analysis". Neuroscience & Biobehavioral Reviews. 47: 16–21. doi:10.1016/j.neubiorev.2014.07.008. ISSN   0149-7634. PMID   25036891. S2CID   42390630.
  13. ↑ "Questions and Answers: Caffeinated Alcoholic Beverages". U.S. Food and Drug Administration. November 17, 2010. Archived from the original on October 23, 2016. Retrieved August 10, 2023.
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