Beverages

Washington Outlaws 'Alco-Energy' Beverages

Gov. announces emergency rule banning caffeinated alcohol drinks; N.Y. may follow
OLYMPIA, Wash. -- Governor Chris Gregoire has joined Washington State Liquor Control Board (WSLCB) chair Sharon Foster to announce an emergency rule that bans the sale of alcoholic "energy" drinks in Washington state.

"At my request, the board this morning voted to ban this new breed of alcoholic drinks in our state. I applaud its members for their action," Gregoire said. "I was particularly concerned that these drinks tend to target young people. Reports of inexperienced or underage drinkers consuming them in reckless amounts have given us cause for concern."

The [image-nocss] emergency rules will be in effect for 120 days, during which time the WSLCB will seek to make the rules permanent.

The vote comes after nine Central Washington University students became ill after drinking caffeinated alcoholic drinks.

(Click here for previous CSP Daily News coverage.)

"The board is acting in the interest of public safety," Foster said. "Following the troubling incidents in Roslyn and in response to increasing reports of problems around the country, the board is acting now to ensure these products do not contribute to a tragedy before the Food & Drug Administration or legislature can act."

According to Gregoire, companies that make these beverages appear to target youth, and use social networking sites, interactive fan websites and product giveaways at events. These products are often sweet and flavored, with brightly colored packaging. They can easily be confused with their energy drink and soft drink counterparts, she said.

Washington attorney general Rob McKenna commended the WLCB for its decision and announced that federal action, resulting from work by state attorneys general, is expected soon.

McKenna said he has been working with fellow AGs to find a nationwide solution to this problem since 2007. In 2008, they asked the nation's biggest brewers, Anheuser-Beusch and Miller-Coors, to completely remove their stimulant-infused alcoholic beverages from the market, which both companies agreed to do. Following the states' request in November 2009, McKenna said he anticipates that the FDA will rule on this issue soon.

With this decision, Washington becomes the fourth state to restrict the sale of the dangerous cocktails in the last week, following Pennsylvania, Michigan and Oklahoma.

The state Liquor Control Board approved an emergency rule, stating, "No product that combines beer, strong beer or malt liquor with caffeine, guarana, taurine or other similar substances which are commonly referred to as 'alcohol energy drinks' may be imported into the state, produced, manufactured, distributed, sold or offered for sale by a licensed retailer in the state of Washington after November 17, 2010."

Meanwhile, New York Senator Charles Schumer (D) earlier this week called on the New York State Liquor Authority to immediately ban caffeinated alcoholic beverages from being sold in New York State. Schumer was joined in his call by Jacqueline Celestino, grandmother of Nicole Lynn Celestino, a 18 year old from Long Island who passed away after drinking a caffeinated alcoholic beverage. Nicole went into cardiac arrest after drinking the beverage this past August; she had taken a diet pill that day. Nicole's family has become outspoken advocates for a ban on alcoholic caffeinated drinks.

In July, Schumer called on the FDA to investigate the safety of these drinks. In a letter to the state liquor authority this week, Schumer noted that the FDA has never approved or determined that caffeine in alcoholic beverages is "generally recognized as safe" (GRAS), which therefore allows the New York State Liquor Authority to implement a state ban on their sale. While the FDA continues its review, Schumer said the state must act now and immediately ban these drinks in New York.

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