FDA Eyes Caffeinated Alcoholic Drinks

Nov. 13, 2009 -- The FDA today told nearly 30 manufacturers of caffeinated
alcoholic beverages that it intends to look into the safety and legality of
their products.
The FDA is giving those companies 30 days to provide evidence that caffeine
can safely be added to alcoholic drinks.
The FDA has not approved the use of caffeine in alcoholic beverages. Those
drinks can be legally marketed if the addition of caffeine is considered to be
"generally recognized as safe," which requires the sort of evidence that the
FDA is requesting.
The FDA notes that in the past year, Anheuser-Busch and Miller agreed to
discontinue their popular caffeinated alcoholic beverages -- Tilt, Bud Extra,
and Sparks -- and agreed not to produce any caffeinated alcoholic beverages in
the future.
In late September, the FDA received a letter from 18 state attorneys general
and one city attorney expressing concerns about caffeinated alcoholic
beverages.
"The concern they're expressing is that caffeine stimulates people to drink
more," Joshua Scharfstein, MD, the FDA's principal deputy commissioner, said in
a news conference.
"Another sentence that's in their letter is that 'Being wide awake and drunk
at the same time increases the risk of engaging in several forms of violent or
other high-risk physical behaviors that can cause injury.' That's not FDA
saying that; that's the nature of the concern that we've heard and that's why
we are interested in understanding more," Scharfstein said.
The FDA also released a questions-and-answers statement about caffeinated
alcoholic beverages that urges people to remember that, "irrespective of how
these products are marketed, it is important to remember that these are
alcoholic beverages and consumers should heed the Surgeon General's warning on
these products and drink them responsibly. Should the FDA determine these
products are not lawful, the agency will take appropriate action to protect the
public health."
Today's FDA action only applies to alcoholic drinks in which the
manufacturer has intentionally added caffeine. It doesn't apply to nonalcoholic
caffeinated beverages.
But the FDA notes that it may review other products containing added
caffeine if it finds a safety or legal issue when used with other products.
Here is the full list of companies that got today's FDA letter:

Charge Beverages Corporation (products: Liquid Charge, Liquid Core,
High Gravity Core)
United Brands Company, Inc. (products: Joose, Max Vibe, Max Fury, Max
Live, 3Sum)
Phusion Projects LLC (products:  Four, Four Loko, Four Maxed)
Point Blank Beverages Co. (product: Torque)
Hard Wired Brewing Company, LLC (product: Hard Wired)
Mix Master Beverage Co. (product: 24/7)
Catalyst Beverage Company (product: Catalyst)
New Century Brewing Company (product:  Moonshot)
Melanie Brewing Co. (product:  Evil Eye)
Thomas Creek Brewery, LLC (product: Mobius Lager)
Diageo North America, Inc. (product: Smirnoff Raw Tea Malt
Beverage)
Constellation Brands (product: Wide Eye)
The P.I.N.K. Spirits Company/Prohibition Beverage Inc. (products: 
P.I.N.K. Vodka, P.I.N.K. Tequila, P.I.N.K. Rum, P.I.N.K. Gin, P.I.N.K. White
Whiskey, P.I.N.K. Sake)
Delicious Brands Inc.(product: Lotus Vodka)
Sovereign Brands (product: 3AM Vodka)
Moet Hennessey/Millennium Import LLC (product: Belevedere IX)
Shotpak Vodka (product:  Gravity Vodka)
Wingard USA (Importer) (products: V2 Vodka with Caffeine, Everglo
Vodka)
LeVecke Corporation (product: Vicious Vodka with Caffeine)
Rocktail Drinks/Liquid Manufacturing LLC (product: Slingshot Party
Gel)
Cold Spring Brewing Company/Atomic Brands (product: A:M Carpe
Noctern)
808 Spirits Co. (product: 808 Mango Beat)
Gaamm Imports Inc.(product: Booya Espresso Silver Tequila with
Caffeine)
Ithaca Beer Co. (product: Ithaca Eleven Malt Beverage with
Coffee)
Gluek Brewing Company (product: Gruv Malt Beverage with Guarana)
MHW, Ltd and Niche Import Company (product: Agwa De Bolivia)
Rizer Spirits Inc. (products: XZO Vodka with Caffeine, Taurine, and
Guarana 

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