WASHINGTON — The Food and Drug Administration issued warning letters Wednesday to four manufacturers of alcoholic energy drinks often consumed by college students, saying the caffeine added to their beverages is an “unsafe food additive.”
FDA Commissioner Margaret Hamburg said the combination of caffeine and alcohol in the drinks is a public health concern and can lead to “a state of wide-awake drunk.” Evidence has shown their consumption has led to alcohol poisoning, car accidents and assaults, she said.
The government could eventually seize the products if the companies continue to make and market them. The companies have 15 days to respond to the letters and either explain how they will take their products off the market or defend their drinks as safe.
The government came under increasing pressure as college students have been hospitalized in recent months after consuming the drinks. The FDA said experts have raised concerns that the caffeine in the drinks can mask a person’s feeling of intoxication, leading to risky behavior. Many of those who consume the products are underage drinkers.
In response to such incidents, four states — Washington, Michigan, Utah and Oklahoma — have banned the beverages. Other states are considering similar action.
White House drug policy director Gil Kerlikowske said Wednesday that the FDA’s quick action to decrease consumption of the drinks is crucial.
“These products are designed, branded and promoted to encourage binge drinking,” he said.
With the FDA decision imminent, Phusion Projects, which manufactures the popular Four Loko, announced late Tuesday that it would reformulate its drinks and remove the caffeine.
The company’s statement said it was reformulating the drinks after unsuccessfully trying to deal with “a difficult and politically-charged regulatory environment at both the state and federal levels.”
“We have repeatedly contended — and still believe, as do many people throughout the country — that the combination of alcohol and caffeine is safe,” said Chris Hunter, Jeff Wright and Jaisen Freeman, who identify themselves as Phusion’s three co- founders and current managing partners.
Four Loko comes in several varieties, including fruit punch and blue raspberry. A single-serving 23.5- ounce can sells for about $2.50 and has an alcohol content of 12 percent, comparable to four beers, according to the company’s website.
The FDA said it views Phusion Projects’ announcement as a positive step, but officials said they have not yet heard directly from the company about its timeline for taking the drinks off the market.
The FDA also issued warning letters to Charge Beverages Corp., New Century Brewing Co. and United Brands Company Inc.
Michael Michail, president and founder of United Brands, expressed disappointment in the ruling. He said he is not aware of any incidents involving his company’s Joose alcoholic caffeine drink.
As of Wednesday, a Four Loko Facebook page had more than 41,000 fans, and a similar Joose page had more than 27,000 fans. On Four Loko’s page, students mourned the demise of their favorite drink. Many blamed the government for overreaching, and some said they would make their own concoctions.
Four Loko was popular at Argonaut Liquors in Denver. But the store pulled it from shelves about three weeks ago, said general manager Mark Fetter.
“We believed we were doing the responsible thing,” Fetter said. “We did it on our part once they came out with bad press over the product.”
Brewers, meanwhile, are seeking to clarify the ban.
The Brewers Association in Boulder said Wednesday that it will formally petition the U.S. Tax and Trade Bureau for rulemaking on alcoholic energy drinks. The petition will move to ban synthetic and pure caffeine additions to alcohol beverages but allow incidental caffeine from ingredients such as coffee and chocolate that have long been used by brewers.
“Responsible brewers have successfully used coffee, chocolate and tea to add interesting flavor and complexity to their beers for decades,” Brewers Association president Charlie Papazian said in statement.
Denver Post staff writer Andy Vuong contributed to this report.
