The Future of Caffeinated Alcohol Drinks

Caffeinated alcoholic beverages (CABs) have been growing in popularity for a number of years, especially among college students and young adults. However, reports of risky behavior, alcohol poisoning and deaths in the past year have generated a buzzing debate among state lawmakers and college administrators about the safety and legality of the products.

Experts have raised concerns that caffeine can mask some of the sensory cues individuals might normally rely on to determine their level of intoxication. FDA said peer-reviewed studies suggest that the consumption of beverages containing added caffeine and alcohol is associated with risky behaviors that may lead to hazardous and life-threatening situations. In fact, a study published Nov. 30 in the American Journal of Preventative Medicine suggested substantial increase in the consumption of CABs among young adults has emerged as a public health problem.

The study was released just weeks after FDA warned four companies that the caffeinated alcoholic energy drinks they produce are unsafe and illegal, and could not remain in the marketplace in their current form. Specifically, FDA said the caffeine added to the malt alcoholic beverages is an “unsafe food additive," and the products were being marketed in violation of the FD&C Act. FDA noted that it is unaware of the basis upon which manufacturers may have concluded that the use of caffeine in alcoholic beverages is GRAS or prior sanctioned. FDA has only listed caffeine as GRAS as an ingredient for use in cola-type beverages in concentrations of no greater than 200 ppm. The Flavor and Extract Manufacturers’ Association has determined that caffeine is GRAS as a flavor ingredient in several food categories.

FDA sent warning letters to Charge Beverages Corp., Lake Oswego, OR; New Century Brewing Co. LLC, Boston; Phusion Projects LLC dba Drink Four Brewing Co., Chicago; and United Brands Company Inc., La Mesa, CA.

The scrutiny of such beverages is not new. In 2008, Anheuser-Busch InBev and MillerCoors LLC, reformulated caffeinated alcoholic beverages under pressure from several states and regulatory bodies. However, smaller companies, like the manufacturers of Four Loko and Joose, managed to remain unnoticed. In 2009, 19 U.S. state attorneys general prompted FDA to send letters to nearly 30 manufacturers responsible for more than 40 alcoholic energy drinks asking them to prove their products are safe.

In July 2010, U.S. Sen. Charles E. Schumer requested a full FTC review of the marketing of caffeinated alcoholic beverages to determine whether enforcement actions are warranted, and to ensure sufficient investigative and enforcement resources are focused on curbing alcohol marketing to underage consumers.