The Center for Science in the Public Interest (CSPI), an alcohol-industry watchdog, is seeking a court injunction banning Anheuser-Busch and Miller Brewing Company from selling alcoholic energy drinks, contending that the products appeal to underage drinkers and lack government approval for their mix of ingredients.
CSPI wrote to both brewers and stated that the lawsuits would allege that drinks like Anheuser-Busch's Tilt and Bud Extra and Miller's Sparks -- which the group refers to as "alcospeed" -- are "adulterated products" and that the companies have engaged in "acts and practices that are both unfair and deceptive" in marketing the products.
The group will seek a permanent injunction to prevent the companies "from manufacturing and offering for sale any alcoholic beverage that contains caffeine, guarana, or any other stimulant, or taurine, ginseng, or any other ingredient that is not generally recognized as safe for use in alcoholic beverages," as well as prohibiting Anheuser-Busch and Miller from making claims about the energy-boosting attributes of the products or their ability to counteract the effects of alcohol.
CSPI also said it plans to ask the courts to require the companies to disgorge all profits from the sales of these products, which would then be placed in a charitable fund.
Feb. 28 letters to Anheuser-Busch president and CEO August Busch IV and Miller president and CEO Tom Long offers a 30-day period to discuss settlement of the case.
"Short of decorating these cans with Hannah Montana or Spiderman, it's hard to see how you could do a better job of marketing alcospeed to young people than Anheuser-Busch and Miller are doing," said CSPI litigation director Steve Gardner. "The cans are virtually indistinguishable from several nonalcoholic energy drinks that are heavily marketed to young people. They have a sugary taste, and colors that make it look more like Mountain Dew or Orange Crush than regular beer. It's a recipe for disaster and the companies should be held accountable."
Francine L. Katz, Anheuser-Busch vice president of communications and consumer affairs, said in a statement that the company was being "improperly singled out by CSPI as a publicity generating tactic" and that Tilt and Bud Extra have been approved by federal regulators. A Miller spokesperson also said that Sparks has been cleared by regulators and marketed responsibly.
Recent research has shown that mixing alcohol and energy drinks can make drinkers feel more alert, but does nothing to prevent intoxication. Researcher Mary Claire O'Brien and colleagues at Wake Forest University School of Medicine who surveyed students found that those who mixed alcohol and energy drinks tended to drink more heavily and have more drinking-related problems.
"Energy drinks mask the symptoms of drunkenness -- but not the drunkenness itself," said O'Brien. "Students may feel that they are 'ok to drive' when physically they are actually intoxicated."
A group of 16 state attorneys general also is investigating the marketing and sale of alcoholic energy drinks, including subpoenaing company documents. Thirty state AGs last year called on the Bush administration to crack down on marketing of alcoholic energy drinks.
An earlier investigation by AGs and complaints by CSPI and others led Anheuser-Busch to withdraw another alcoholic energy drink, Spykes, last year.
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