So called alcoholic energy drinks with caffeine added have been banned by the Alcoholics Beverages Control Commission of Massachusetts, the fifth US state to make such a move recently. The Commission filed an emergency regulation banning the distribution of these types of drinks and ordering that they be taken off shelves.

The Commission decided to act promptly and decisively after the FDA (Food and Drug Administration) wrote warning letters to four caffeine-containing alcoholic drinks makers that adding caffeine is an “unsafe food addictive”. The four companies were Charge Beverages Corp., New Century Brewing Co., LLC., Phusion Projects, LLC., United Brands Company Inc.

The Alcoholics Beverages Control Commission of Massachusetts wrote in a communiqué that following drinks have been banned in the state:

  • 808. Apple, and Mango Beat Flavors.
  • FOUR LOKO. Blue/Raspberry, Fruit Punch, Cranberry Lemonade, Grape, Lemon Lime, Lemonade, Orange, UVA, Watermelon Flavors.
  • JOOSE. Dragon, Fruit Punch, Green Apple, Strawberry Kiwi, Lemon Tea, Iced Tea, Mamba, Orange, Raspberry Lemonade, Watermelon, Jungle, and Panther Flavors.
  • MOONSHOT aka MOONSHOT 69.

The Commission added that as further determinations are made, the product list will be updated.

Four Loko is now banned in Massachusetts, Oklahoma, Utah, Michigan and Washington. Connecticut drinks distributors have voluntary decided to stop delivering Four Loko and similar products.

Four Loko makers, Phusion Projects, announced earlier this week that it is going to remove caffeine from its alcoholic beverages, as well as taurine and guarana.

Experts have expressed concern that caffeine and other stimulants added to alcoholic drinks can interfere with some of the sensory cues we normally rely on to determine how drunk we are – in other words, they may make us believe we are less drunk than we really are. The FDA said that after reviewing studies, it found some links between the consumption of these drinks and a higher chance of risky behaviors which may lead to dangerous and life-threatening situations.

National Consumers League Executive Director, Sally Greenberg, in praising the FDA for its recent moves, said:

    “Products like Four Loko that combine large quantities of alcohol and caffeine in a single can or bottle can be a dangerous trap for young, inexperienced drinkers. Research shows that the caffeine makes drinkers feel less impaired than they really are, with potentially dangerous consequences. NCL applauds FDA’s decision to call for reformulation of these products or removal from the market before more people are harmed.”

Dr. Joshua M. Sharfstein, Principal Deputy Commissioner, FDA, said earlier this week:

    “FDA does not find support for the claim that the addition of caffeine to these alcoholic beverages is ‘generally recognized as safe,’ which is the legal standard. To the contrary, there is evidence that the combinations of caffeine and alcohol in these products pose a public health concern.”

Chris Hunter, Jeff Wright and Jaisen Freeman, co-founders of the Phusion Projects, said the following while announcing that their company was removing stimulants, including caffeine from their drinks:

    “We have repeatedly contended – and still believe, as do many people throughout the country – that the combination of alcohol and caffeine is safe. If it were unsafe, popular drinks like rum and colas or Irish coffees that have been consumed safely and responsibly for years would face the same scrutiny that our products have recently faced.

    In addition, if our products were unsafe, we would not have expected the federal agency responsible for approving alcoholic beverage formulas – the Tobacco Tax and Trade Bureau (TTB) – to have approved them. Yet, all of our product formulas and packaging were reviewed and approved by the TTB before being offered to consumers.

“204 CMR 2.00: Regulations Of The Alcoholic Beverages Control Commission”
The Commonwealth of Massachusetts Alcoholic Beverages Control Commission

Monthly Feature – Medical News Today
“Energy Drinks: Is It Time To Tighten Regulation?”

Written by Christian Nordqvist