While the formulation, labeling, marketing and selling of Sparks was approved by federal regulatory authorities numerous times, the company said, it decided to reformulate the product based on concerns expressed by the attorneys general.
Based on the agreement, MillerCoors [image-nocss] will:
Discontinue manufacturing and marketing all caffeinated alcoholic beverages, including Sparks as currently formulated, by Jan. 10, 2009. Reformulate the Sparks brand to remove caffeine, guarana, ginseng and taurine. Eliminate all references in advertising to caffeinated formulations and not promote Sparks as a mixer for caffeinated drinks. Remove current content on the Sparks website. Any new website may only market the reformulated Sparks. Eliminate the plus (+) and minus (-) symbols from the product label and marketing materials Make a $550,000 payment to be distributed among the participating states to pay for the cost of the investigation.
"As a responsible company, we are always willing to listen to societal partners and consider changes to our business to reinforce our commitment to alcohol responsibility," said Tom Long, president and chief commercial officer of Milwaukee-based MillerCoors. "These changes will allow MillerCoors to continue to market and sell Sparks to legal drinking age consumers."
Long said the agreement with the attorneys general contained no finding that MillerCoors engaged in unlawful behavior or marketed its Sparks brand to people below the legal drinking age. MillerCoors cooperated fully with the state attorneys general investigation of its Sparks brands.
"While we have listened closely to the AGs and respect their position, we strongly disagree with their inaccurate allegations about the marketing and sale of Sparks," Long said. "The Sparks brand has been responsibly marketed only to legal drinking age consumers."
MillerCoors will be able to sell through current Sparks product inventory as the reformulated Sparks is brewed to ensure no disruption in product availability to distributors and retailers.
Long said that the company is confident in the continued growth of the Sparks. "We believe we can and will expand interest and growth with a reformulated product, and we remain committed to the Sparks franchise."
New York Attorney General Andrew Cuomo spearheaded the investigation into caffeinated alcohol beverages, added an Associated Press report. The MillerCoors settlement also includes the attorneys general of Arizona, California, Connecticut, Idaho, Illinois, Iowa, Maine, Maryland, Mississippi, New Mexico, Ohio and Oklahoma and the city attorney of San Francisco.
St. Louis-based Anheuser-Busch said in June it would reformulate its Tilt and Bud Extra drinks to remove the stimulants as part of a settlement with 11 attorneys general.
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