Caffeinated alcoholic beverages to me are something of an oxymoron. Like “jumbo shrimp”. “Seriously joking”. “Taped live”. And “working vacation”.
After today, though, I feel confident in predicting a sudden rush of caffeinated alcoholic beverage purchases. That’s because the FDA today “notified nearly 30 manufacturers of caffeinated alcoholic beverages that it intends to look into the safety and legality of their products.”
In other words, you’re in range now. Smile when you see the flash.
The logic for the FDA’s targeting of caffeinated alcoholic beverages is explained in the press release…
“Under the Federal Food, Drug, and Cosmetic Act, a substance added intentionally to food (such as caffeine in alcoholic beverages) is deemed “unsafe” and is unlawful unless its particular use has been approved by FDA regulation, the substance is subject to a prior sanction, or the substance is Generally Recognized As Safe (GRAS). FDA has not approved the use of caffeine in alcoholic beverages and thus such beverages can be lawfully marketed only if their use is subject to a prior sanction or is GRAS. For a substance to be GRAS, there must be evidence of its safety at the levels used and a basis to conclude that this evidence is generally known and accepted by qualified experts.”
Soooo…. flavored alcoholic beverages might also be targeted under this interpretation, right? Or anything not specifically OKed by the FDA?
The press release also spells out that the FDA isn’t going to be messing around with the preliminaries this time out.
“The FDA requested that, within 30 days, the companies produce evidence of their rationale, with supporting data and information, for concluding that the use of caffeine in their product is GRAS or prior sanctioned. FDA’s letter informed each company that if FDA determines that the use of caffeine in the firm’s alcoholic beverages is not GRAS or prior sanctioned, FDA will take appropriate action to ensure that the products are removed from the marketplace.”
And who got a copy of the FDA’s nastygram?
Charge Beverages Corporation
Products: Liquid Charge, Liquid Core, High Gravity Core
United Brands Company, Inc
Products: Joose, Max Vibe, Max Fury, Max Live, 3Sum
Phusion Projects LLC
Products: Four, Four Loko, Four Maxed
Point Blank Beverages Co.
Hard Wired Brewing Company, LLC
Products: Hard Wired
Mix Master Beverage Co
Catalyst Beverage Company
New Century Brewing Company
Melanie Brewing Co
Products: Evil Eye
Thomas Creek Brewery, LLC
Products: Mobius Lager
Diageo North America, Inc
Products: Smirnoff Raw Tea Malt Beverage
Products: Wide Eye
The P.I.N.K. Spirits Company/Prohibition Beverage Inc
Products: P.I.N.K. Vodka, P.I.N.K. Tequila, P.I.N.K. Rum, P.I.N.K. Gin, P.I.N.K. White Whiskey, P.I.N.K. Sake
Delicious Brands Inc.
Products: Lotus Vodka
Products: 3AM Vodka
Moet Hennessey/Millennium Import LLC
Products: Belevedere IX
Products: Gravity Vodka
Wingard USA (Importer)
Products: V2 Vodka with Caffeine, Everglo Vodka
Products: Vicious Vodka with Caffeine
Rocktail Drinks/Liquid Manufacturing LLC
Products: Slingshot Party Gel
Cold Spring Brewing Company/Atomic Brands
Products: A:M Carpe Noctern
808 Spirits Co.
Products: 808 Mango Beat
Gaamm Imports Inc.
Products: Booya Espresso Silver Tequila with Caffeine
Ithaca Beer Co.
Products: Ithaca Eleven Malt Beverage with Coffee
Gluek Brewing Company
Products: Gruv Malt Beverage with Guarana
MHW, Ltd and Niche Import Company
Products: Agwa De Bolivia
Rizer Spirits Inc
Products: XZO Vodka with Caffeine, Taurine, and Guarana
Buy ’em now if you want ’em.
Here’s the link to the FDA notification here.