The Alcoholic Beverage Industry’s Response to Underage Drinking: Add Stimulants

by Stephen Gardner

Capitalizing on the success of Red Bull in persuading bars to serve Red Bull as a mixer, Miller and Anheuser-Busch have decided to see Red Bull’s bid and raise the pot: They are selling ready-made concoctions of speed and alcohol —pre-mixed alcoholic beverages containing stimulants.[1]  Miller, Anheuser-Busch, and other smaller companies market these products in a way that is unfair and deceptive to consumers and that capitalizes on the popularity of energy drinks with youth – thereby marketing an alcoholic product to an underage population.

Alcospeed beverages are of unique concern — worse than just beer or just energy drinks. The special harm to consumers is twofold:

·              There are not enough studies to ensure the safety of – and much anecdotal evidence on the negative bodily effects of – consuming stimulants and alcohol together.

·                    There is a physiological effect – and marketing message – that consuming alcohol and caffeine together allows one to drink more alcohol and to feel less intoxicated.

This second effect may lead drinkers to engage in risky behavior such as driving, because they do not feel drunk. A recent study on the interaction between alcohol and energy drinks found that stimulants did nothing to reduce alcohol’s negative effects on motor coordination skills and visual reaction times, but did reduce subjective perception of alcohol intoxication.[2]

xtIn addition, alcospeed is of particular concern for youth. Market research shows that non-alcoholic energy drinks are most popular with people aged 12-24.[3] Alcospeed mirrors non-alcoholic energy drinks:

·                    The size, shape, and graphics of the containers are nearly identical;

·                    The names of the drinks are nearly identical (e.g. “Rockstar” [non-alcoholic] and “Rockstar 21” [alcoholic]);

·                    The added stimulants and other additives are the same; and

·             The consumer marketing strategies are the same.[4] 

Alcospeed companies intentionally mimic energy drinks to capitalize on the popularity of such drinks. This marketing strategy likely is intended to create crossover purchases of alcospeed by consumers of energy drinks – who are mostly underage.

Recently, a task force of 30 state attorneys general wrote a letter to the Alcohol and Tobacco Tax and Trade Bureau (TTB, formerly ATF; you know: what Snuffy Smith used to call the Revenooers) expressing serious concerns about the marketing of alcospeed. In addition to the grave statistics about youth and alcohol in general,[5] including the recent approximation that 5,000 people under the age of 21 die each year from alcohol-related injuries,[6] the AGs in the Task Force highlighted their concern about youth and alcospeed. The letter warned that “[a]dding caffeine and other stimulants to alcohol may increase the risk to young consumers because those additives tend to reduce the perception of intoxication and make greater quantities of alcohol palatable.”[7] 

On May 18, 2005, TTB warned manufacturers that advertisements for malt beverages pre-mixed with stimulants may not “imply that consumption of certain alcoholic beverages will have a stimulating or energizing effect, or will enable consumers to drink more of a product without feeling the effects of the alcohol.”[8] On August 2, 2005, TTB issued a similar warning to manufacturers of distilled spirits containing stimulants.[9] TTB told the manufacturers that “misleading health-related statements … are in violation of the regulations appearing at 27 CFR 7.54(a)(1) and 7.54(e)(2),” and that it “will take appropriate enforcement action when [it] determine[s] that there have been violations.” Despite this seemingly tough talk, TTB has not taken any action to stop these kinds of marketing efforts.

Earlier this year, due to pressure from state attorneys general, the Center for Science in the Public Interest, and other advocacy groups, the Anheuser-Busch product known as “Spykes” is now off the market. Spykes was a malt liquor beverage product infused with the stimulants caffeine, ginseng, and guarana.[10] It came in an attractive small container, and the drinker was supposed to add it to another beverage — thereby “spyking” the drink.

Unfortunately, Anheuser-Busch didn’t treat this as a learning experience. Maybe its executives were too drunk to notice; maybe not. Regardless, both Anheuser-Busch and Miller merrily roll along the road to perdition. Not for them or their stockholders, of course, but for the young drinkers they seek to attract with these beverages.

Fortunately, unlike TTB, the AGs aren’t showing any signs of giving up.

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[1]           Stimulants used in these beverages include caffeine, ginseng, guarana, and taurine.

[2]           Letter from Attorneys General to the Alcohol and Tobacco Tax and Trade Bureau 2 (Aug. 20, 2007), available at http://www.marininstitute.org/alcopops/energy_drink_press_release_ag.htm (follow “download the PDF” hyperlink).

[3]           Research shows that 31% of energy drink consumers are between the ages of 12-17, and that 34% are between the ages of 18-24. Michele Simon & James Mosher, Alcohol, Energy Drinks, and Youth 4 (The Marin Institute 2007), available at http://www.marininstitute.org/alcopops/resources/EnergyDrinkReport.pdf

[4]           Simon & Mosher, supra note 3 at 7.

[5]           Alcohol is the top drug problem of American youth and is involved in the three leading causes of teen death: car accidents, homicides, and suicides. Letter from Attorneys General, supra n. 2.

[6]           Office of the Surgeon Gen., U.S. Dep’t of Health and Human Serv., The Surgeon General’s Call to Action To Prevent and Reduce Underage Drinking 10-12 (U.S. Dep’t of Health and Human Serv. 2007), available at http://www.surgeongeneral.gov/topics/underagedrinking/ (follow “Full Call to Action” hyperlink).

[7]           The AGs in the Task Force are also concerned about alcospeed’s categorization as a malt beverage instead of a distilled spirit, even though alcospeed’s alcohol by volume is significantly greater than that of beer. They wrote: “This classification renders alcoholic energy drinks more readily available to young people, because malt beverages can be purchased in many more places, and at significantly lower prices, than distilled spirits.” Letter from Attorneys General, supra note 2.

[8]           Announcement, Alcohol and Tobacco Tax and Trade Bureau, Advertising Malt Beverages Containing Ingredients Associated with Non-Alcohol Energy Drinks (May 18, 2005), available at www.ttb.gov/announcements/051805energy_beer.pdf

[9]           Announcement, Alcohol and Tobacco Tax and Trade Bureau, Advertising Distilled Spirits Containing Ingredients Associated with Non-Alcohol Energy Drinks (Aug. 2, 2005), available at www.ttb.gov/announcements/080205energydsgenericletter.pdf

[10]          Press Release, Center for Science in the Public Interest, CSPI Urges Nationwide Recall of Spykes “Liquid Lunchables,” http://www.cspinet.org/new/200704041.html (Apr. 4, 2007).

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The main danger of energy drinks is not its eventual consumption, but excessive consumption when combined with alcohol or other drugs, to make the so-called "cocktails." Which can have damaging effects on physical and mental health and can damage the central nervous system, affecting heart function and even cause death.

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We can possibly experience an allergic reaction when the two substance was mixed and it could be dangerous to our health.

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alcohol and energy drinks are very bad for your health. to be mixing these liquids your heart rate goes up a lot at a time where your body should be winding down.

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alcoholic beverages are at an all time high when dealing with energy drinks, its very bad for your health, concerning your heart rate and thinnning of blood when alcohol is involved.

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[JV]

People have been mixing energy drinks and alcohol for some time. That is not going to stop. Sure it's not considered safe but being able to a stay awake and party longer is just more fun. RockStar 21 was a big gamer drink that will just be replaced by something else. I have read a few articles about parents mistakingly giving this drink to their child. That is the parents fault, not the companies. When purchasing the drink it ask for I.D. Anyone with a brain should notice that. Also it was a clearly labeled drink. There is nothing confusing about it. Yes kids were drinking them in plain site while at school, but it was not because they thought the drink was just an energy drink. NO. They just thought they could fool their teachers.

[Mark Rooney]

The drinking age should be lowered to 18 years old because that is what society is calling for. Society has set standards and guidelines that are not parallel. Even though an 18- year old is given the responsibility to vote, can be called in for jury duty, and can be drafted for war, they are not considered old and responsible enough to drink. It seems crazy that a person can help choose the next president, but cannot purchase alcohol. The number of alcohol related car accident deaths has decreased for the ages 18-20 since the law has been passed. This statistic takes into account the increased in drinking and driving educated, seat belt usage, and lowered speed limits. Although the number of alcohol related car accidents have decreased, the law has influenced young adults to drink more. There is a feeling of danger and uncertainty that comes with drinking under age. So even though the law has changed to not allow adults under the age of 21 to drink, it has actually influenced them to drink more.