Energy drinks concern FDA, health experts

Health experts, the Food and Drug Administration and a state legislature are looking to curb provocative energy drink advertising and warn consumers of the risks associated with the stimulants that pack a punch.

Kentucky state Rep. Danny Ford, a Republican, proposed a law last month to ban the sale of energy drinks to minors in the commonwealth, after receiving the suggestion from a student.

Ford said someone who "had a bad experience with an energy drink" suggested banning selling energy drinks to people under age 18.

"Since then I have been surprised by the interest and support that this idea has received," he said.

Energy drinks contain stimulants that harm teenagers' bodies and that do not necessarily require FDA approval, said Boston University Sargent College of Health and Rehabilitation Sciences nutrition professor Joan Salge-Blake.

"The food manufacturers don't have to pass certain herb ingredients by the FDA, and so it's a buyer beware situation," she said. "If the consumers, especially kids, are not careful, they could be unknowingly risking their health."

Enforcing an age restriction on energy drink purchases would be difficult, said National Association of Convenience Stores spokesman Jeff Leonard.

Drink manufacturers are responsible for ensuring product safety, and it is up to the consumer to regulate his drink consumption, he said.

"In terms of kids, I think if a kid is guzzling 13 cans of energy drinks a day it's an issue of parental control," Leonard said.

The FDA stepped in when Cocaine Energy Drink violated FDA regulation guidelines in April 2007. The manufacturer, Redux Beverages, voluntarily recalled the product.

The drink was targeted for its edgy marketing scheme, which violated FDA marketing guidelines with its slogan, the "Legal Alternative," and referred to retailers as "dealers," said FDA spokeswoman Kim Rawlings.

Rawlings said regulations against false or misleading labels are clear and Redux's marketing practices violated these rules.

"By marketing the drink as a drug alternative, the manufacturers were either in violation of selling an unapproved drug or they were using a misleading label to sell their product," she said.

Jamey Kirby, founder and senior partner of Redux Beverages, said the company's drink is simply "sugar, water and caffeine."

"There are no intoxicating substances, but because the marketing suggested that the drink did have drug-like qualities, the FDA jumped on it," he said.

Kirby said he did not think Kentucky's bill to ban energy drinks for those under 18 would ever pass.

"In politics, it's all about who has the money to push their agendas," he said. "The Coke industry alone is a big player in the energy drink market and they have enough money to prevent a bill like this from passing."

Redux re-released the recalled drink this month with a new marketing campaign and the same ingredients. The company dropped the drug-referencing slogan.

BU School of Management sophomore Nick De Castro said he occasionally drinks energy drinks and has tried the Cocaine drink.

"I'll sometimes drink one or two when I'm overwhelmed by tests and have to spend a lot of time studying, but I don't think anyone I know that really cares about their body actually drinks a lot of them," he said.