FDA Moves Against “Blackout in a Can” and Other Caffeine-Alcohol Drinks

The Food and Drug Administration warned four marketers of caffeinated alcohol drinks that they are violating federal law and face possible legal action, including seizure of the products, unless they halt sales.

The agency said adding caffeine to alcoholic beverages amounts to using an “unsafe food additive”, and violates the Federal Food, Drug, and Cosmetic Act. The warning letters gave the four companies 15 days to tell the agency what steps they are taking to comply with the law.

One of the four, Phusion Projects of Chicago, already announced it is reformulating its popular caffeinated malt liquor drink, Four Loko, to remove caffeine, guarana and taurine. Four Loko, nicknamed “blackout in a can,” comes in a 23.5 ounce container that packs the alcohol equivalent of four to six beers, and as much caffeine as a cup and a half of coffee. The FDA called Phusion’s announcement a positive step, but said it had not yet received official correspondence from the company.

In the past year, more than a dozen hospitalizations and at least one death blamed on the beverages have prompted college campuses to ban the drinks and legislators to call for federal action. Washington state, Michigan and other states have already banned the products or are considering bans, according to a Washington Post report. The FDA’s decision could lead to more states following suit.

Anheuser-Busch and MillerCoors stopped marketing caffeinated alcoholic drinks in 2008.  The FDA investigation began a year ago, when the agency sent letters to nearly 30 companies that make the beverages, stating its intention to investigate the drinks’ safety and legality.

The agency said the year-long process included an examination of the published peer-reviewed literature on drinking caffeine and alcohol together, consultations with experts in toxicology, neuropharmacology, emergency medicine, and epidemiology, a review information provided by product manufacturers, as well as an independent laboratory analysis of these products.

Related Post:
Caffeinated Alcoholic Drinks Blamed in the Hospitalization of 9 Students

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