Senators Call For Increased Regulation Transparency In New Energy Drink Report

WASHINGTON, DC -- In the latest step in their ongoing investigation into the energy drink industry, three U.S. senators have released a new report. It finds that energy drink companies have eliminated marketing to children under the age of 12, but that they refuse to take similar steps to voluntarily stop outreach and marketing to teenagers.

The report, called Buzz Kill: A Survey of Popular Energy Drinks Finds Majority of the Market Unwilling to Make Commitments to Protect Adolescents," was released by Sens. Dick Durbin (D-IL), Edward Markey (D-MA) and Richard Blumenthal (D-CT).

The report accuses energy drink marketers of blurring the lines between the categories of energy drinks and sports drinks, producing products that are marketed as helping with rehydration and electrolyte balance, but that also contain high levels of caffeine and other specialty energy drink ingredients.

In fall 2013, following a July hearing on energy drinks held by the Senate Commerce Committee, the Senators sent letters to 16 companies that produce major energy drink brands to assess the extent to which the industry as a whole will commit to voluntary measures that better protect young consumers and prevent misuse. Those companies included Arizona Beverages, Coca-Cola., PepsiCo, Dr. Pepper/Snapple Group, Living Essentials, Monster Energy Co., Red Bull North America and Rockstar. Twelve companies responded. SEE REPSONSES

The report also provides additional information about what is currently known about the health concerns of energy drinks and how these products are marketed.

"Unfortunately, a minority of companies who drive the majority of energy drink sales has refused to make any commitments that would protect teenagers from potentially dangerous marketing and promotion activities," the report states. "Unfortunately, as long as early development of brand loyalty is seen as a competitive market advantage, energy drink companies will continue with the practice of marketing to teens in the absence of regulation that prohibits it."

The senators recommend several steps that energy drink manufacturers and the Food and Drug Administration should take to improve transparency, and to ensure that children and teens are adequately protected from deceptive advertising practices.

They suggest that all energy drink manufacturers cease marketing of energy drink products to consumers under the age of 18 and stop sales in K-12 school settings. They also recommend that the FDA develop and release suggestions for daily caffeine consumption limits for children and adolescents.

Additionally, the senators say the FDA should immediately develop and release guidance to the beverage industry on the voluntary reporting of adverse events associated with energy drinks and makers of the drinks should commit to providing this information to the agency.

The lawmakers also recommend that the FDA define what constitutes an energy drink, sports drink or other "functional" beverages. To reduce misuse, they say all energy drink manufacturers should cease marketing caffeinated energy drinks as intended to be consumed for hydration or rehydration following rigorous physical activity.

According to the report, federal agencies should look to include restrictions in school-based programs for the sale of energy drinks.

Last year, Sens. Durbin, Blumenthal and Markey released a report that shows inconsistencies in the labeling and classification of energy drinks, extensive marketing to adolescents and young adults through social media and events, and high-caffeine levels that exceed the level considered safe in soda by the FDA.