Responding to a complaint by the Center for Science in the Public Interest (CSPI), the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB) agreed that the labels on Anheuser-Busch's "Spykes" alcoholic drink mixers violate federal law.

CSPI Alcohol Policies Project director George Hacker wrote to TTB on April 16 complaining that the label on the 2-ounce "Spicy Lime" flavor of Spykes -- the only bottle CSPI had seen to date -- was "seriously out of compliance" with the TTB's alcohol-labeling regulations.

"The government health warning on pocket-sized Spykes Spicy Lime labels is virtually impossible to read without a magnifying glass," wrote Hacker. "It's printed in tiny, barely 1-mm high, nearly invisible silver lettering on a non-contrasting, light lime-green background."

In an April 30 response, TTB administrator John J. Manfreda agreed. "These labels do not comply, due to these problems: the contrasting background makes the warning difficult to read on three of the eight (Spykes) products in the 2-fluid-ounce containers, and the number of characters per square inch exceeds the maximum specified in the regulations for all eight of this size container."

Manfreda said that Anheuser-Busch had agreed to stop production and shipment of Spykes and replace product labels on those bottles already with wholesalers and in warehouses. The company also has submitted applications for redesigned labels that address the problems raised by Hacker, Manfreda said.

Moreover, the brewer also is adding a new tamperproof label to Spykes bottles that includes the flavor and the warning, "Contains Alcohol."

"The illegal labeling of Spykes is actually the least of our concerns about this drink, since it is such an obvious attempt to attract underage kids to alcohol," said Hacker. "But since its labeling is in plain violation of the law, we hope that TTB orders Anheuser-Busch to pull this noncompliant product off the market."

So far, that has not happened. TTB also has not assessed any fines against Anheuser-Busch, although the regulations call for penalties of up to $10,000 per day for noncompliance. CSPI said that the company should be fined more than $3 million for the offending Spykes labels.

Anheuser-Busch has been heavily criticized by alcohol-abuse prevention groups over the release and promotion of Spykes, which is marketed as a flavored additive for beer and liquor drinks. CSPI and other prevention groups say the product appeals to underage drinkers both in its marketing and because it could make the flavor of beer and spirits more palatable to young users.

Preventionists also object to the use of easy-to-hide, pocket-size containers, Spykes' seemingly kid-friendly flavors (Hot Melons, Spicy Lime, Spicy Mango, and Hot Chocolate), and the fact that it mixes alcohol with ingredients typically found in energy drinks, including caffeine, ginseng and guarana. Anheuser-Busch denies that Spykes is intended to lure underage drinkers, maintaining that the target market is young adults.