BigGovernment.COM — On Friday, the Food and Drug Administration notified 27 manufacturers of so-called "alcoholic energy drinks (AEDs)," that they have 30 days to prove the safety of such drinks. If the listed manufacturers fail to comply, or fail to prove the safety of their products, they will be forced to discontinue them. Many companies, such as Anheuser-Busch, MillerCoors, and Diageo have already stopped the sale and production of similar products, in anticipation of the FDA crackdown…
Probes into the safety of AEDs were conducted by a task force … called the National Association of Attorneys General (NAAG) Youth Access to Alcohol Committee... doesn't that have a nice bureaucratic ring to it? The co-chairs of this committee sent a letter to the FDA on September 25th, detailing the apparent risks of AEDs. The letter also claims that "caffeine as an additive to alcohol is not generally recognized as safe (GRAS) under FDA regulations." The letter then urges the FDA to "exercise its authority under the Federal Food, Drug and Cosmetic Act."
It's not safe to mix alcohol and caffeine? Rum and Coke? Irish Coffee? My infamous fucking punch‽
The Federal Food, Drug and Cosmetic Act, originally passed by Congress in 1938, is a very interesting piece of legislation. In our legal system, we have something called "the burden of proof," otherwise known as "the presumption of innocence." … The Federal Food, Drug and Cosmetic Act shifts the burden of proof onto manufacturers, by requiring that they prove the safety of an additive that is not generally recognized as safe. … Caffeine as an additive is generally recognized as safe by the FDA, but only when added to non-alcoholic soft drinks. So technically, the FDA has the authority to regulate AEDs. However, this will undoubtedly open a can of worms with regard to legislative intent. Connecticut Atty. Gen. Richard Blumenthal, a co-chairman of the task force said "The ultimate goal is a nationwide ban on alcohol-energy drinks marketed to young drinkers."
It's already illegal to sell any kind of alcoholic drink to the young. The rest of us are consenting adults. KEEP YOUR LAWS OFF OF MY LIVER!
The Federal Food, Drug and Cosmetic Act, does not limit the regulation of food additives to big beverage manufacturers like Anheuser-Busch and MillerCoors. In fact, sections 201 and 409 extend such regulation to individuals, partnerships, corporations and associations. Will your local bartender be their next target? Will the Vodka Red Bull become illegal? Will Jack and Coke become illegal? Will possession of coffee while intoxicated become illegal? … Officials in Sweden have already taken action against the Vodka Red Bull, blaming the mixture for the deaths of two reportedly "healthy" individuals. U.S. Federal Laws regulating caffeine in alcohol are already on the books. AEDs were illegal from day one. Unless we the people demand an amendment from Congress, the NAAG will continue to nag the FDA, until bar menus across America are completely unrecognizable.
Here's another issue for my next campaign.