US regulators warn on “blackout in a can” drinks

NEW YORK, (Reuters) – U.S. regulators warned makers  of alcoholic energy drinks often called “blackout in a can”  that their products are unsafe and violate federal laws,  following a public outcry and several state bans.
The U.S. Food and Drug Administration sent warning letters  on Wednesday to four companies — Phusion Projects LLC, United  Brands Co, New Century Brewing Co and Charge Beverages —  charging that their drinks combining alcohol and caffeine were  unsafe.
The drinks’ brand names include Four Loko, Joose, Moonshot  and Core High Gravity.
“There is evidence that the combinations of caffeine and  alcohol in these products pose a public health concern,” said  Dr. Joshua Sharfstein, the FDA’s principal deputy  commissioner.
At the same time, the Federal Trade Commission warned the  companies that their marketing may be deceptive or unfair.
“Consumers might mistakenly assume that these beverages are  safe because they are widely sold,” said David Vladeck,  director of the FTC’s Bureau of Consumer Protection.
The sweetened drinks, which have high alcohol and caffeine  contents, are often called “blackout in a can.” They have  grabbed headlines across the country in recent weeks after nine  underage college students in Washington state were hospitalized  after drinking quantities of Four Loko and similar beverages  off-campus.
They have been banned in states including Washington and  Michigan.
Health experts say mixing alcohol and caffeine is dangerous  because the stimulant masks the depressant effects of the  alcohol, allowing people to continue drinking long after they  would have otherwise stopped.
Major brewers, including Anheuser-Busch InBev and  MillerCoors, the combined U.S. operations of SABMiller and  Molson Coors Brewing Co stopped making caffeinated alcohol  drinks in 2008 amid pressure from state authorities, but  smaller manufacturers have filled the gap.
Four Loko, one of the most popular of these drinks, comes  in fruit flavors and brightly colored cans. It is 12 percent  alcohol, meaning that one 23.5-ounce can is comparable to  drinking four or five beers, plus a high dose of added  caffeine, taurine and guarana.
The warning letters request that the manufacturers inform  the agencies within 15 days of the specific steps that will be  taken to remedy their violation of federal laws governing  safety and fair trade, and prevent their recurrence.
If the FDA believes that the violation continues to exist,  the agency said it may pursue enforcement action that could  include seizure of the products or an injunction to prevent the  firms from producing the products.
White House Drug Policy Director Gil Kerlikowske commended  the agencies for acting to curb the sale of drinks he said were  “designed, branded and promoted to encourage binge drinking”.
“These drinks are especially unhealthy and dangerous  because they combine alcohol and caffeine — and present  further concern when used by young people,” Kerlikowske said in  a statement. “Acting early to protect public health is critical  and a vital component of the Obama Administration’s effort to  reduce drug use and its consequences.”
Phusion Projects, which makes Four Loko, said on Tuesday it  would remove caffeine and other stimulants from all of its  beverages, just hours after U.S. Senator Charles Schumer  predicted the FDA warning on his website.
“We are taking this step after trying — unsuccessfully —  to navigate a difficult and politically charged regulatory  environment at both the state and federal levels,” Phusion’s  three co-founders and managing partners said in a statement on  the company’s website.