Ban on caffeinated alcoholic beverages
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The 17 November 2010
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
ban on caffeinated alcoholic drinks is a
ban Ban, or BAN, may refer to: Law * Ban (law), a decree that prohibits something, sometimes a form of censorship, being denied from entering or using the place/item ** Imperial ban (''Reichsacht''), a form of outlawry in the medieval Holy Roman ...
which prevents the marketing and distribution of any prepackaged
caffeinated alcoholic drink A caffeinated alcoholic drink is a drink that contains both alcohol (also known formally as ethanol) and a significant amount of caffeine. Caffeine, a stimulant, masks some of the depressant effects of alcohol. However, in 2010 and 2011, this ty ...
. Such a ban was discussed as a result of multiple cases of
alcohol poisoning Alcohol intoxication, also known as alcohol poisoning, commonly described as drunkenness or inebriation, is the negative behavior and physical effects caused by a recent consumption of alcohol. In addition to the toxicity of ethanol, the main ps ...
and
alcohol Alcohol most commonly refers to: * Alcohol (chemistry), an organic compound in which a hydroxyl group is bound to a carbon atom * Alcohol (drug), an intoxicant found in alcoholic drinks Alcohol may also refer to: Chemicals * Ethanol, one of sev ...
-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
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were the most popular around the U.S. The beverages, which combine
malt liquor Malt liquor is a type of mass market beer with high alcohol content, most closely associated with North America. Legally, it often includes any alcoholic beverage with 5% or more alcohol by volume made with malted barley. In common usage, i ...
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 behavior.


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 can of Four Loko contains either 6 or 12 percent alcohol by volume, depending on state regulations. Another reason for drinks such as Four Loko's appeal to youth is the pricing. At approximately $2 a can, at this price it has been reported that college students or younger high school students would be more inclined to buy such beverages. When the ban was placed at the end of 2010, many students bought out what was left on shelves for resale.


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. 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. 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 Passing may refer to: Social identity * Passing (sociology), presenting oneself as a member of another sociological group ** Passing (gender), presenting oneself as being cisgender ** Passing (racial identity), presenting oneself as a member of ...
from
intoxication Intoxication — or poisoning, especially by an alcoholic or narcotic substance — may refer to: * Substance intoxication: ** Alcohol intoxication ** LSD intoxication ** Toxidrome ** Tobacco intoxication ** Cannabis intoxication ** Cocaine in ...
. As of November 10, 2010, caffeinated alcoholic energy drinks had been banned in
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...
and
Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and t ...
in the United States. 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. Utah, which has state controlled liquor retail outlets, after studying them, never permitted the sale of caffeinated alcoholic energy drinks. The products will no longer be delivered to Oklahoma after December 3, 2010, and delivery to retailers has been suspended in New York. On November 17, 2010, the US
Food and Drug Administration The United States Food and Drug Administration (FDA or US FDA) is a federal agency of the Department of Health and Human Services. The FDA is responsible for protecting and promoting public health through the control and supervision of food ...
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. 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.


Adverse effects

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


Food and Drug Administration

In November 2009, the U.S.
Food and Drug Administration The United States Food and Drug Administration (FDA or US FDA) is a federal agency of the Department of Health and Human Services. The FDA is responsible for protecting and promoting public health through the control and supervision of food ...
notified nearly 30 manufacturers of caffeinated alcoholic beverages that it would study the safety and legality of their products. 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. 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.


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. 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 Guaraná ( from the Portuguese ''guaraná'' ), ''Paullinia cupana'', syns. ''P. crysan, P. sorbilis'') is a climbing plant in the family Sapindaceae, native to the Amazon basin and especially common in Brazil. Guaraná has large leaves and cl ...
and
taurine Taurine (), or 2-aminoethanesulfonic acid, is an organic compound that is widely distributed in animal tissues. It is a major constituent of bile and can be found in the large intestine, and accounts for up to 0.1% of total human body weight. I ...
, from Four Loko because of a politically angered environment.


Buying binge

In the last quarter of 2010, around
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there were record sales on the beverage Four Loko. 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.


See also

*
Alcohol laws of 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, wholesale ...
- the state does not limit the purchase of caffeinated alcoholic beverages


References

{{Alcohol and health Caffeine Alcohol abuse Drinking culture Alcohol in the United States Drugs in the United States Energy drinks 2009 in the United States 2010 in the United States