[11/17 Update: The FDA released a statement to the press today. Read it here. At this point, Four Loko has not only decided to remove caffeine from its products but has already got new can labels approved with no mention of caffeine being added. It may take a while for those to be printed but expect the new Four Loko to be on shelves relatively soon. No word from Joose yet on this subject…]
SCHUMER: FDA TO EFFECTIVELY BAN CAFFEINATED ALCOHOLIC DRINKS; FTC WILL NOTIFY MANUFACTURERS THAT THEY MAY BE ENGAGED IN ILLEGAL MARKETING OF UNSAFE BEVERAGES
After Months of Pressure by Schumer, FDA to Send Notice to Manufacturers of Caffeinated Alcoholic Beverages that Product is Not Considered Safe; Move Will Effectively Ban Products from the Market
FTC to Send Notices to Manufacturers That They Are Engaged in the Marketing of Unsafe Alcoholic Drinks
Schumer: Let This Serve as a Warning to Anyone Who Tries to Peddle Dangerous Beverages to Our Kids, Do it, And We Will Shut You Down
U.S Senator Charles E. Schumer announced today that the Food and Drug Administration (FDA) will rule that caffeine is an unsafe food additive to alcoholic beverages, effectively making products such as Four Loko, Joose, and others like them, prohibited for sale in the United States. Additionally, the Federal Trade Commission (FTC) plans to notify manufacturers that they are engaged in the potential illegal marketing of unsafe alcoholic drinks. These announcements come after months of intense pressure by Senator Schumer to have the drinks banned because of serious risks to consumer health and safety.
“Let these rulings serve as a warning to anyone who tried to peddle dangerous and toxic brews to our children. Do it and we will shut you down,” said Schumer. “This ruling should be the nail in the coffin of these dangerous and toxic drinks. Parents should be able to rest a little easier knowing that soon their children won’t have access to this deadly brew.”
After calls by Schumer to ban the drinks in New York, just this past week, the State Liquor Authority and the state’s largest beer distributors agreed to stop selling these dangerous drinks in New York. In addition to New York’s efforts, Oklahoma, Utah, Michigan, and Washington acted to ban the drinks as did a number of colleges, including Ramapo College, Worcester State University, the University of Rhode Island and the Wentworth Institute of Technology.
Popular drinks such as Four Loko and Joose contain as much as 2-3 coffee cups worth of caffeine and 2-3 cans of beer per container – a potent, dangerous mix that can be extremely hazardous for teens and adults alike. Last month, nine students passed out and were hospitalized after drinking Four Loko, leading states and universities across the country to issue ban, limit, or issue warnings about the drink.
Compounded with its health risks, beverages like Four Loko pose a unique danger because they target young people. The style of the beverages – with a vibrantly colored aluminum can colors and funky designs –appeal to younger consumers, increasing the likelihood that the beverages will be consumed by young adults and creating a problem for parents and business owners who might be misled by the branding. Four Loko is also stocked next to other energy drinks, creating further confusion.
Last week, Schumer was joined in his efforts to ban the drink by Jacqueline Celestino, grandmother of Nicole Lynn Celestino, an 18 year old from Long Island who passed away after drinking the caffeinated alcoholic beverage Four Loko. Nicole, went into cardiac arrest after drinking Four Loko this past August, she had taken a diet pill that day. Nicole’s family has become outspoken advocates for a ban on alcoholic caffeinated drinks like Four Loko.
The dangers of these drinks are well known. A recent study found that young and underage drinkers who combine alcohol with caffeine, which occurs with increasing frequency given the prevalence of beverages like Four Loko and Joose, are more likely to suffer injury, be the victim of sexual assault, drive while intoxicated, and require medical attention than drinkers who consume caffeine-free beverages. In 2008, Anheuser-Busch InBev NV and MillerCoors LLC reformulated caffeinated alcoholic beverages under pressure from several states and regulatory bodies, but smaller companies like the manufacturers of Four Loko and Joose managed to remain unnoticed.
I think this has been discussed in the past, but will this change prevent craft brewers from adding coffee to beers?
will his effect coffee infused beers? ie speedway, kbs victory at sea.. etc etc?
In the past when this issue has come up, those were excluded as they aren’t marketed as alcoholic energy drinks though I’m not sure whether this FDA rule will change anything. It’s possible that the affected companies could always try to bring everyone down with them, too.
this is ridiculous if you ask me. all of this because of underage irresponsible drinkers. i myself dont drink four loko or joose but i believe it is wrong to ban them. i wonder if we will begin to see red bull mixed drinks banned from clubs/bars.
Nothing stops people mixing Red Bull and vodka. This is stupid, a waste of taxpayer $$ even debating the idea, and a unwanted strike at commerce and creativity in America. Shame on Schumer. Glad he isn’t my senator. Sad that the Celestino girl died, perhaps as a result of the stuff, but definitely not a reason to ban it.
I’ve never tried these, nor do I really have a reason to .. but is it the product that’s the problem, or the user?
I certainly feel for the families and the victims from the stories i’ve read about, but in many of these stories, it’s more than an underage person drinking one Four Loko and dying .. it’s them drinking multiple Four Lokos and a lot of times, on top of other things such as beer or hard alcohol and who knows what else.
With this banned, there will still be problems .. but in situations with Everclear soaked fruit (jungle juice), insanely cheap half gallons of low quality vodka and two for $1 energy drinks, etc., just like there always has been.
As for a few people asking questions about coffee beers .. Four Loko is under a temporary emergency ban in Washington State by the Washington State Liquor Control Board that is in effect for 120 before a permanent banning is enacted. Someone had sent them an email asking about where coffee beers fall into that band and their response was “This is an area that we will clarify in the permanent rule. It is my understanding that ‘coffee beers’ do not have caffeine added, rather they have coffee added. There is a difference in a flavored beer and a product that has stimulants added to provide energy.”
That’s only the Washington State Liquor Control Board, but hopefully we can at least see someone common sense with that (which is rare from them) at the national level from the FDA.
Thanks for the great info, Brian! I think that mostly clears up any fears we have on the craft beer side though I can’t speak for Edison or Moonshot beers 😉
Brian and beersage,
Unfortunately, I don’t know that that does clear up any fears we all have about banning coffee craft beer. That statement Brian provided effects only WA at the state level (as Brian pointed out), and would be superseded by a Federal ban.
Given the seeming emotional source of this regulation, rather than rational, I’m still worried about coffee beers and the like until I see something that allays those fears.
There’s merit to what you’re saying Jeff but I have a hard time believing it. Perhaps we will know more tomorrow when the FDA releases its report after its year-long investigation. I just sent an email off to a brewer that directly dealt with the FDA on this late last year to get his comments.
Beersage (sorry, don’t know your actual name), I would really like to think that common sense will come through on this. I’m just saying, until I hear details on any proposed regulations I’m worried… I don’t necessarily even think that it’s more likely that they’ll ban beverages like coffee beer, I’m just worried that it’s not completely impossible as overly-broad laws do get passed and then sometimes interpreted for enforcement differently than the original intent.
What you say is true..and it’s Adam. Cheers!
Let me point out the fact that alcohol makes people pass out. Hence people that drank Four Loco passed out. I could drink whiskey and pass out too, there is no difference. I also think people know what they are getting into when they buy it.
You’re right, it comes down to the user. It’s an easy move for politicians to jump all over this and add it to their other merit badges when it comes time for re-election. And it preys on the public’s emotions with all of the recent news of people ‘mishandling’ these products and endangering (or killing) themselves in the process.
So, this reminds me a wee bit of prohibition. Also, does that mean no redbull vodkas at the bar? Because I’m sure a Monster vodka or whatever is the same thing as the marketed drinks, just with one step more: you have to mix the caffeine and liquor yourself.
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We have tested some of these beverages. I think the big issue is that these are often served in 23.5 fl. oz cans and run at upto 12% alcohol. They are sweet sticky pop-like beverages and the alcohol is hidden in the other flavors. The marketing is clearly to young consumers but once that can is opened the consumer is going to drink it alone. It cannot be resealed for later use. I think these beverages would have been left alone had they been marketed in smaller sizes and with less potent levels of alcohol. People have mixed coffee and liqueurs and consumed coffee–flavored beers for decades. I think it is all about sensiblity and appropiate marketing practices. Kids will get their kicks no matter if these are banned but an outright ban should not be necessary. Once again big government wants to control us all come hell or high water.
so ‘kids’ are just gonna have to make these drinks themselves now, huh? i think that the entire idea is completely irrational. just as other people have stated, the harm of alcohol comes down to the user and his or her decisions, not the drink.
Oh shit! gotta protect those 21 year olds!
will bars be banned from serving vodka redbulls?
will I be jailed for making kaluha and coffee?
instead of letting adults make informed decisions about what to drink they just restrict our choices!
Regardless of it’s potency, the government should not be banning these drinks. I’m sure thousands of people die from alcohol poising from vodka, rum, whiskey, etc… they didn’t ban alcohol. If kids drank it slowly and responsibly, there wouldn’t be this stupid issue.
America is NOW called the U.S.S.R.—“UNITES STATES” of SOCIALST REPUBLICS…I.E.—communists who lOVE to CONTROL (dictate)!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I’m watching the Beer Wars documentary on Hulu right now.
It sucks that I’ll never get to try the Moonshot caffeinated beer that they were just talking about. 🙁