last month The group has sent letters to more than 40 energy drink companiesHe argued that the common practice of partnering with food brands to incorporate nostalgic candy flavors into drinks amounted to attempts to market the product to children.
Congress considered in 2013
Selling caffeinated energy drinks to children has become a big problem since a teenage girl in Maryland was allegedly killed in 2012 after drinking several large bottles of Monster energy drinks. It is The incident came on the heels of reports of an increase in emergency room visits among children who consumed the beverage. High-profile hearings before CongressPracticed in 2013.
A key element of TINA’s complaint is its use of the Candy logo on energy drink products. “A terrible display of prioritizing profit over common sense and the well-being of children.”na
In a press release, TINA.org Executive Director Bonnie Patten said: “Energy drink company […] is now breaking the law by taking a page out of the e-cigarette industry playbook and using kid-friendly flavors to attract children to adult-oriented products. ”na
Taking cues from tobacco attacks
Matt Orr, partner at Amin Talati Wasserman, LLP, representing some of the targeted energy drink brands, said: NutraIngredients-USALast month Tina “We’re taking a page from the e-cigarette playbook and trying to apply that playbook to energy drinks, but there are significant differences that could dampen regulatory interest.”na
“Energy drinks do not cause the same harm. Nicotine is known to be harmful to both adults and children, but there is no reliable science showing harm from consuming caffeine or energy drinks.” Orr added.
In a letter sent to TINA yesterday, NPA president and CEO Dr. Daniel Fabricant said the group had not correctly applied federal labeling rules when filing its appeal.
NPA: Nostalgic flavor names aren’t enough to establish marketing intent for kids
Fabricant pointed out that the TINA Challenge seems to be primarily focused on using nostalgic flavors usually reserved for candy products. The fabricant’s view is that the use of these brand names and possibly label images amounts to an attempt to appeal to children.
“FDA analyzes these factors as a whole to determine if a product is another product type. This is important in evaluating product categories and their intended use. All label information must be evaluated as a whole to assess whether the language used to label a product is generally inappropriate. The totality of is usually the most important factor in considering the intended use of the product.”Fabricant wrote.
Considering the label as a whole, Fabricant said the product is clearly a beverage and not a confectionery, even though it uses the name of a candy flavor. Contains warnings for use. More importantly, the manufacturer complies with federal labeling laws and by doing so does not attempt to misrepresent its products as otherwise.
“We don’t mean to harm your organization’s efforts, but we ask that you stop making sweeping statements that cannot stand up to scrutiny.” Written by Fabricant.