NOTE: Please see the update at the bottom of the post.
According to some potentially sweeping legislation, the difference between synthetic caffeine and coffee beans doesn’t matter. So what, you might ask.
Alcoholic energy drinks are a somewhat recent phenomenon. Over the past 5 years or so, numerous companies have entered the malt beverage market with caffeine-infused drinks. One you might have heard of is Sparks. Essentially, take Red Bull and Smirnoff Ice and can it.
While there haven’t really been any studies to confirm that these beverages are dangerous, public outcry after the deaths of some college students who had been drinking similar beverages has caused a federal legislative movement. A few states have already enacted their own bans on these drinks, and the FDA is expected to rule shortly as well.
The issue comes in the form of loose, vague, and overarching wording. In banning caffeinated alcoholic beverages, naturally occurring caffeine, from coffee, tea, and chocolate, would also be banned. So not only is Four Loko going to be banned, but Great Divide Espresso Oak Aged Yeti would also be taken off the shelves. I personally won’t mourn the loss of Joose, but Youngs Double Chocolate Stout will be missed.
The ban on these drinks needs to be more specific. If I want to add some tea to my boil, or some espresso in secondary, I’m not doing so to give the consumer an energy boost; I’m doing it to add flavor and complexity. These natural ingredients need not be banned.
As of right now, I’m not sure what you or I can do to help. Be aware of the issues, and keep an eye on the Brewer’s Association. They’re a great clearing house and focal point for political and legal information related to brewing. Following is the press release from BA about this ban:
BREWERS ASSOCIATION CALLS FOR RULEMAKING ON CAFFEINE-ADDED ALCOHOL BEVERAGES
Boulder, CO • November 16, 2010—The Brewers Association announces today that it will formally petition the U.S. Tax and Trade Bureau (TTB) to conduct rulemaking on alcoholic energy drinks.
The petition seeks to disallow synthetic and pure caffeine additions to alcohol beverages, but allow incidental caffeine from ingredients that have a long tradition in brewing, such as coffee, chocolate and tea. The petition seeks to clarify that coffee, chocolate, herbs, spices, seeds and fruit are ingredients that should remain available to brewers to make beers for responsible enjoyment by beer drinkers.
Certain alcoholic energy drinks have received significant negative attention from state attorneys general, public health groups and concerned citizens. Many states are taking action this fall before the federal government has responded, leaving a patchwork of different regulatory wording, all with the same intention. The goal of this federal petition is to provide a clear and consistent national standard to assist state-based rulemaking under the 21st Amendment. This standard would remove the products of concern from shelves without creating unintended damage to the hundreds of craft brewers who, for many years, have been using traditional ingredients like coffee, tea and chocolate to responsibly craft interesting and flavorful beers.
Brewers Association President Charlie Papazian stated, “Responsible brewers have successfully used coffee, chocolate and tea to add interesting flavor and complexity to their beers for decades. In fact, the Aztecs brewed a corn, honey and chili-based beer that contained cocoa. Many craft brewers build on these traditions today using coffee, tea and chocolate. On the other hand, the addition of artificial caffeine not from a natural ingredient source has no heritage or tradition in brewing. We support a ban on the direct addition of caffeine.” The Brewers Association invites TTB to open up public comment and rulemaking on whether these products are appropriate for responsible consumption.
More information:
- Brewers Association Press Release
- WSJ – FDA expected to ban alcoholic energy drinks Wed
- NY Times – F.D.A. Says It May Ban Alcoholic Drinks With Caffeine
- CNN – Senator: FDA to ban caffeinated alcohol drinks
.
UPDATE
The FDA sent warning letters to 4 companies they were seriously concerned about. In their explanation, they specifically said coffee-flavored beverages are safe, at least for now:
These warning letters were not directed at alcoholic beverages that only contain caffeine as a natural constituent of one or more of their ingredients, such as a coffee flavoring. (Read more)
More from the FDA:
I’m glad the BA is on top of this and I sure hope common sense will ultimately prevail, leaving relatively unharmful beverages like coffee- and chocolate-infused beers untouched. I am not, however, counting on it…
So, the difference between natural and synthetic caffeine (from a legal perspective) is something like: we hate this sort of beverage that has alcohol and caffeine, but not this other sort of beverage that has alcohol and caffeine.
Banning this crap isn’t going to fix anything it’s still easy to mix red bull and vodka together, idiots are going to do it and suffer the consequences.
What happens when Sparks gets its caffeine naturally from coffee beans? Why add a legal element to this which will only serve to screw over responsible enjoyers of either product?
True. I’m not sure I agree with what I’m about to say, but maybe they should set a limit on the amount of caffeine by volume… I don’t like the thought of being regulated in that way, but I’d rather make a coffee stout and have to know how much caffeine is in it, than not make it at all. What do you think a reasonable solution is?
I think the reasonable solution is to do nothing, those who abuse Sparks will reap the natural consequences of doing so. If Sparks isn’t available red bull + vodka still is. Prohibition solves nothing, it only creates further problems for innocent people.
We can’t legislate to protect idiots from themselves.
History has shown over and over and over that prohibition creates more problems and generally fails to solve the problem is was supposed to solve.
I totally agree. I just wish the government did as well.
IMO we should be addressing the culture of binge drinking, not legislating their weapon of choice.
Four Loko doesn’t go to detox, people do.
Agreed Taylor. Requiring people to take the extra step of adding caffeine to their alcohol on their own isn’t going to stop them from drinking caffeine with alcohol. It just means they’re going to buy Monster along with their (now) non-caffeinated Joose. If anything, such legislation would probably be a boon for the energy drink industry. Aaaaah, unintended consequences.
It’s always a touchy subject when the government begins to talk about regulating what a person is allowed to consume or not. I understand the issue of potential danger when consuming large amounts of alcohol and caffeine….but instead of just all of a sudden making it illegal, this might be a good opportunity to address the actual problem of some people’s attidudes toward alcohol. An opportunity for education rather than politicians pointing fingers and making statements.
I’d hate to loose the espresso yeti from GD or Java Porter from Southern Sun here in Boulder over something like this.
Natural vs unnatural, intentional vs incidental, for “complexity” vs to-get-college-kids-fucked-up, it all seems irrelevant to me. Legally anways…
PJ, I agree with you, if anything it shoud be only for certain amounts of caff and alc. If a drink has a volume of caffeine/alcohol that isn’t any more dangerous than the sum of it’s parts, why ban it? If the particular mix is proven dangerous, they should regulate how much can be served over the bar and label/portion/market it appropriately for sale in stores. Don’t ban it! A plain ‘ol bottle of vodka will kill someone just as quickly if they consume enough.
This is very very dangerous territory we’re treading. Obviously, these drinks are just as dangerous mixed behind the bar as at the brewery. If this goes further we could see everything from irish coffee to jack n coke get banned completely.
But Wayne, Prohibition worked so well!
Sadly (I think), the people who read this blog are not the ones making the laws. Actually, knowing some of the people who read this, maybe that’s a good thing. But you get my point.
[…] And so while I will jump to defend Four Loko’s right to be bought and sold by those who choose to buy or sell it, I don’t do it with a lot of passion. However, if the FDA fails to seriously consider and respond with action toward the Brewers Association petition I mentioned in Tueday’s update, I will respond with passion. And here I follow the lead of other beer bloggers, most recently Starting a Brewery. […]
How do we get involved to stop from loosing our great naturally caffeinated beer? I hate that the energy drink industry has caused such a problem that we may loose a delicious part of our micro brew industry. who do we write letters to? who is looking out for the responsible drinkers of high quality artisan beverage and not the dumb cheap kids looking to get “fucked up”?
I sent a note to the Brewers Association to find that out, right when this happened, but didn’t hear back. It seems that things are stable for the moment.
If something like this heads to Congress, then your representative would be the best bet. Keep in touch with the Brewers Association, and with beer bloggers for updated info. I’m not sure the FDA listens to citizen letters… But I could be wrong 🙂
Miller removed the energy components from Sparks 2 yrs ago:
http://articles.latimes.com/2008/dec/19/business/fi-drink19
Jim
Good catch Jim. I meant to mention that in my original post, but forgot. Sparks is just a well known one.
Either way, we’re safe. For now. 🙂