Caffeinated Alcohol Companies, TTB at Odds with FDA
CHICAGO, IL – Makers of caffeinated alcoholic beverages have begun responding to U.S. Food and Drug Administration (FDA) letter looking in to whether it is permissible for them to add caffeine to their drinks, the Examiner.com reports.
Charles Murray, CEO of Shotpak Inc., maker of Gravity Vodka, said that he has “little doubt that Gravity is safe and complies with all government requirements necessary for its sale in the future,” adding that his company’s “50ml StandUp pouch has the caffeine equivalent of about half a cup of coffee or about one-third of what is allowed.”
Earlier this month, FDA Deputy Commissioner Dr. Joshua Sharfstein said that the FDA has not approved caffeine for use in alcoholic beverages. However, this has created some friction with the Alcohol and Tobacco Tax and Trade Bureau (TTB), the agency in charge of compliance for formulas for alcoholic beverages.
“The TTB isn’t too happy about the FDA stepping into their territory,” wrote Wine and Spirits Daily. “Traditionally the FDA governs food and non-alcoholic beverages, while the TTB oversees beverage alcohol. The FDA says it has jurisdiction because the Federal Food, Drug and Cosmetics Act gives it authority over ‘articles used for food or drink’ and thus includes alcoholic beverages.”
According to the FDA, a 12-ounce soft drink may contain a maximum of .02% caffeine, or 68mg. However, that 68mg excludes “natural” caffeine levels, so guarana, yerba mate and coffee-based drinks conceivably could contain more. Also, drinks labeled as “dietary supplements” contain fewer restrictions. All of this spells confusion and frustration for caffeinated alcohol beverage producers.
Noting this, the brewmaster for Mobius Lager, a caffeinated beer containing taurine and ginseng, called the latest FDA action “bureaucratic” and “ridiculous,” adding that his company is formulating a formal response to the FDA. He said that his product is certified with the TTB, as are all products targeted by the recent FDA letter.
