11.15.12

Citing Rising Public Health Concerns About Energy Drinks, Durbin, Blumenthal Call for Meeting with FDA to Discuss Action Plan

[WASHINGTON, D.C.] – Following reports that the Food and Drug Administration (FDA) has received a total of 18 adverse event reports of fatalities following the consumption of 5-Hour Energy and Monster energy drink, U.S. Senator Dick Durbin (D-IL) and U.S. Senator Richard Blumenthal (D-CT) today called for a meeting with the FDA Commissioner, Margaret Hamburg, to discuss the steps the agency is taking to ensure the safety of these products.

 

“Over the past year, there has been alarming evidence that energy drinks pose a potential threat to the public’s health,” wrote the Senators.  “We request a meeting with you on the steps FDA is taking regarding highly caffeinated energy drinks and to ensure they are safe for their intended use and in combination with other energy drink ingredients.”

 

Yesterday, the New York Times featured an article reporting that the Food and Drug Administration (FDA) received 13 adverse event reports of fatalities following the consumption of 5-Hour Energy, a highly caffeinated energy shot.  This follows reports that FDA received information on five fatalities that occurred after the consumption of Monster energy drinks. 

 

Last month, Durbin and Blumenthal challenged the FDA to quickly identify and recommend remedies for weaknesses and loopholes in current law that are exploited by energy drink manufacturers in order to avoid oversight and offer products containing additives and high levels of caffeine that have not been proven safe.  Durbin and Blumenthal also called on the FDA to investigate the interactions between caffeine and stimulants in energy drinks and to assess the health risks associated with caffeine consumption by children and adolescents.  This is the third time that they have made such a request.

 

[Text of the letter is below]

 

November 15, 2012

 

The Honorable Margaret Hamburg

Commissioner

U.S.  Food and Drug Administration

10903 New Hampshire Avenue

Silver Spring, MD 20093

 

Dear Commissioner Hamburg:

 

            We write to request a meeting to discuss rising public health concerns around energy drinks.  Over the past year, there has been alarming evidence that energy drinks pose a potential threat to the public’s health.  Yesterday, the New York Times featured an article reporting that the Food and Drug Administration (FDA) received 13 adverse event reports of fatalities following the consumption of 5-Hour Energy, a highly caffeinated energy shot.  This follows last month’s reports that FDA received information on five fatalities that occurred after the consumption of Monster energy drinks.  In light of these deaths and a November 2011 report by the Substance Abuse and Mental Health Services Administration (SAMHSA), which found a ten-fold increase in emergency room visits due to energy drinks between 2005-2009, we believe it is necessary for the FDA to take immediate action to address a serious public health issue.

 

On September 11 and October 26, 2012, we sent the FDA a letter calling on the agency to take action to address rising public health concerns around energy drinks and to protect consumers. We have not received a response to these letters.  Once again, we reiterate our request for the FDA to investigate the interactions between caffeine and stimulants in energy drinks, to assess the health risks associated with caffeine consumption by children and adolescents, and to finalize and issue guidance that clearly distinguishes liquid dietary supplements from beverages.

 

Further, we request a meeting with you on the steps FDA is taking regarding highly caffeinated energy drinks and to ensure they are safe for their intended use and in combination with other energy drink ingredients. 

 

Thank you for your consideration of these concerns. We look forward to discussing this important consumer protection issue further.