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CSPI Threatens to Sue Beer Companies Over Alcoholic Energy Drinks
February 29, 2008

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News Feature
By Bob Curley

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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COMMENTS ON THIS ARTICLE:
(Comments now appear first to last)

Posted by Tony on 03 Mar 08 01:49 PM EST
Energy Drinks and alcohol will continue to be a popular drink. The combined effects are what many night owlers are looking for. My favorite is Fixx Energy Drink. Not the best tasting but DAMN is it strong!

Posted by Kris Johnson on 03 Mar 08 05:36 PM EST
I am completely for responsible advertising...for all products being marketed. However, it is unfair for groups such as CSPI to single out only a few specific products that could possibly be harmful if mis-used or abused, by youth when there are really many products that are probably much worse than those mentioned in this article. What about the whole Red Bull & Vodka craz that has been going on for years?? We all know that spirits can potentially be more harmful to a person when mis-used or abused than malt based products. Besides that, exactly where is this supposed marketing directed to youth taking place? I have never seen a commercial on TV or a print ad for any of the products mentioned in this article or a claim by either company about their product "counteracting the effects of alcohol" that Bob Curley mentions! If the package design is perceived to be attractive to youth by some, well, guess what, you have to be 21 to purchase any alcohol beverage & it is illegal to provide alcohol to youth! So, I would say that the majority of the responsibility lies with parents... teaching their children that everything that is attractive is not always appropriate for a particular age! For example: What about those cool looking cars that could potentially kill our youth if they are not trained to drive properly or if they don’t have a valid driver’s license??? We see many a commercial and print advertisement that is extremely attractive to youth for motor vehicles, but we never see any groups getting up in arms about how these products are marketed to underage youth! And lets face it, cars can potentially be even more harmful to our under aged & inexperienced youth than a malt based alcohol beverage with an energy drink twist...not that I recommend either to anyone who is under the legal age for such products! My recommendation, put our money, time and efforts where the real problems lie...repeat DUI & drug offenders, liquor licensed retail stores & bars who repeatedly break liquor codes and/or sell to our youth without taking proper steps to avoid such situations. Put money into educating not witch hunting.

Posted by Just me on 06 Mar 08 01:45 PM EST
I think any attempt to slow, stop, or prevent any addiction in any form is worth the "witch hunt". Maybe if we had more witch hunts and less political correctness there would be better choices being made. You can not educate those who do not wish to be educated, ie: Tony. In most educational efforts regarding abuses you are preaching to the choir. It is about time the makers of the products are also held in the seat of responsabliity. If there is a DUI or DWI by an underage or overly intoxicated, hold the product and producer responsible as well. To long a blind eye has been turned.

Posted by Mia on 06 Mar 08 07:58 PM EST
As a teen I see the affect that alcoholic energy drinks have on my generation. I am strong against alcohol and energy drinks when they are separated from eachother but together they are a recipe for disaster, They should have NEVER made it to the shelves in the 1st place. If we dont do something about it now things are just going to get worse. Please help to save my generation from destruction!

Posted by Sue Strom on 02 Jun 08 12:29 PM EDT
Anheuser Busch just never learn not even from their own costly mistakes. Sad.

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