Federal officials announced yesterday that caffeine in several malt alcoholic beverages is an "unsafe food additive" and warned the makers of the beverages that law enforcement officials may seize products or pursue an injunction against their production.
The announcement comes after several states and universities have already moved to ban or eliminate the sale of such beverages, which have been blamed for the deaths and hospitalizations of students nationwide.
In anticipation of the federal government's decision, Phusion Projects, makers of Four Loko, said Tuesday that it was planning to remove guarana, caffeine and taurine from its popular beverage. But the company still disputed the federal government's claim that Four Loko posed serious risks to the general public.
"We have repeatedly contended - and still believe, as do many people throughout the country - that the combination of alcohol and caffeine is safe," company officials said in a statement. "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."
The company has already agreed to halt shipments of Four Loko to New York state, following the requests of state officials, and several states and colleges nationwide have banned the beverage, as well.
Sen. Charles Schumer, D-N.Y., lauded the FDA's decision in a statement to the media.
"Let these rulings serve as a warning to anyone who tried to peddle dangerous and toxic brews to our children: Do it and we will shut you down," Schumer said. "This ruling should be the nail in the coffin of these dangerous and toxic drinks. Parents should be able to rest a little easier knowing that soon their children won't have access to this deadly brew."
Officials at the University's Center for Alcohol and Substance Education, meanwhile, said they were not surprised by the FDA's action.
"The FDA started collecting data around a year ago," CASE Director Susan Bruce said. "We didn't know the decision was coming out today, but we had an understanding about what they were asking companies to do."
Bruce said this is not the FDA's first attempt at taking caffeinated alcoholic drinks off the market. In June 2008, the FDA also forced Anheuser-Busch to stop making its caffeinated drinks, Bud Extra and Tilt.
Bruce also voiced concern about the effects of drinks like Four Loko, "Because the caffeine helps people feel more alert even though their BAC is still the same, [these drinks] can be dangerous," she said. "Alcohol is a depressant, so eventually it will put you to sleep while, with that added stimulant, you can stay awake for longer and drink more."
Employees at Cohn's and the 7-11 on Ivy Road said there were no signs of increased traffic of consumers trying to "stock up" on Four Loko in anticipation of it being pulled from store shelves.
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