Calls are being made by both pediatricians and parents in the United States to regulate new energy drinks with high caffeine content in a manner similar to how alcohol and cigarettes are treated. They are advocating for a ban on selling these energy drinks to minors due to the fact that a single serving can contain as much caffeine as six 12-ounce Coca-Colas.
A case in point is Prime Energy, a product introduced to the market this year. Its 350 ml can contains a substantial 200 mg of caffeine, which surpasses the approved caffeine limits in countries such as Canada, Australia, and New Zealand. Similarly, competitors like Ghost energy drinks, backed by Anheuser Busch InBev (ABI.BR), and Kim Kardashian's "Kimade" energy drink also contain 200 mg of caffeine. In comparison, Monster Energy (MNST.O), a competing product, contains a slightly lower caffeine content at 150 mg.
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With the increasing caffeine content in energy drinks over the years, certain countries and retailers have opted to ban these products, while a handful require age verification for their purchase. However, in countries like the U.S. and UK, there are no nationwide regulations prohibiting the sale of high-caffeine energy drinks.
In the absence of legal age restrictions akin to those seen with alcohol and cigarettes, it's improbable that retailers will impose limitations on access, as pointed out by Dr. Holly Benjamin, a professor specializing in pediatrics and orthopedic surgery at the University of Chicago. The American Academy of Child and Adolescent Psychiatry emphasizes that there is no established safe caffeine dose for children.
Dr. Benjamin suggested, "Retailers could potentially take measures such as segregating sports drinks and energy drinks into distinct sections with separate labeling; yet, this scenario is unlikely without regulatory intervention, which should commence with enhanced product labeling and comprehensive public education."
She further remarked, "Any energy beverage containing a substantial caffeine dosage, like in the case of Prime Energy, poses a safety risk for children."
Potential repercussions for children consuming caffeine encompass swift or irregular heartbeats, headaches, seizures, tremors, stomach discomfort, and adverse emotional impacts on mental well-being, she indicated.
A spokesperson stated that the FDA is presently assessing a plea made by U.S. Senate Majority Leader Chuck Schumer to investigate both the caffeine levels in Prime Energy and its marketing targeted at children.
While representatives from Prime opted not to provide a comment, messages seeking commentary were left unanswered by Ghost Energy and Monster Energy. Similarly, Congo Brands, the proprietor of Kimade, Alani Nu, and Prime Energy, also refrained from responding to inquiries requesting their input.
Logan Paul and KSI, the co-creators of Prime and prominent figures in social media, emphasized during media interviews in August that they are not directing their marketing efforts towards children. They additionally expressed the opinion that it is the responsibility of retailers to monitor and control sales to individuals under the legal age.
CONFUSINGLY VIBRANT PACKAGING BAFFLES PARENTS
The stance adopted by the American Medical Association in 2013 advocates for a prohibition on the marketing of caffeinated beverages to individuals under 18 years of age. Furthermore, the AMA strongly encourages regulatory bodies or legislators in the U.S. to enforce the incorporation of "child-resistant packaging" for high-energy drinks.
Kinneret Shick Ohana, a mother of five children from Florida, encountered the attention-grabbing "vivid and colorful Prime cans" that her children had been discussing. These cans were prominently displayed at the forefront of a Walmart store as she shopped for groceries. Caught up in the excitement, she unintentionally overlooked the discreet "energy drink" text in black at the base of the vibrant cans, ultimately taking them home for her children.
"I became perplexed because initially, it's challenging to spot where it indicates 'energy drink' on the can. It took me a while, even after my son drew my attention to it," Ohana recounted.
"The energy drink sector is promoting these items that are supposedly designed exclusively for adults to the younger audience, and I believe Prime serves as another instance of a company attempting to push these unsuitable beverages onto minors," stated Bonnie Patten, the executive director of Truth in Advertising (TINA).
Specialty retailer GNC has established a minimum age restriction of 18 years for the purchase of energy drinks, as confirmed by their customer service line and in-store verifications.
Prime Energy can be found at major retailers such as Target and Walmart, as well as specialized chains like the Vitamin Shoppe. However, it has been observed through interviews with Reuters and in-store assessments that these retailers typically do not verify the age of buyers.
"We place strong emphasis on urging our customers to adhere to all labeling instructions provided for each product available at the Vitamin Shoppe, including energy drinks," stated the Vitamin Shoppe.
Messages seeking commentary from Target were not responded to, while Walmart chose not to provide a comment.
Legal experts have noted that the labels on these beverage products, indicating that they are "not recommended" for children, introduce confusion among retailers regarding the appropriate restrictions, if any, to impose on the sale of energy drinks to minors.
