Pediatricians and parents are demanding that the United States treat novel high-caffeine energy beverages with the same regulatory approach applied to alcohol and cigarettes.
Their goal is to prevent the sale of these drinks to minors, as a lone serving can hold as much caffeine as six cans of Coca-Cola.
A case in point is Prime Energy, which made its debut this year, boasting 200 mg of caffeine within a 350 ml container—surpassing caffeine limits permissible in Canada, Australia, and New Zealand.
Competitors like Ghost energy drinks, backed by Anheuser Busch InBev, along with Kim Kardashian's "Kimade" energy drink, share the same 200 mg caffeine content. In contrast, Monster Energy contains 150 mg of caffeine.
With the escalating caffeine levels in energy drinks over time, certain nations and retailers have prohibited these products, and some even demand age verification for purchasing them. Unlike alcohol and cigarettes, high-caffeine energy drinks remain unrestricted in their sale in the U.S. and UK, lacking national regulations.
Dr. Holly Benjamin, a professor specializing in pediatrics and orthopedic surgery at the University of Chicago, noted that without legally mandated age restrictions like those governing alcohol and cigarettes, retailers are unlikely to impose access limitations. The American Academy of Child and Adolescent Psychiatry emphasizes that there's no established safe caffeine dosage for children.
Dr. Holly Benjamin noted that although retailers have the option to separate sports drinks from energy drinks and use distinct labeling, she believes this is improbable without regulatory intervention. This process should commence with enhanced product labeling and comprehensive education.
Dr. Benjamin also emphasized that any energy drink with a substantial caffeine content, like Prime Energy, poses a safety risk for children. She further explained that potential side effects of caffeine consumption among kids encompass swift or irregular heartbeats, headaches, seizures, trembling, stomach discomfort, and negative impacts on mental well-being.
The FDA is currently in the process of reviewing a request from U.S. Senate Majority Leader Chuck Schumer to investigate both the caffeine content of Prime Energy and its marketing practices aimed at children, as confirmed by a spokesperson.
Representatives of Prime declined to offer a statement, while attempts to elicit comments from Ghost Energy and Monster Energy were met with silence.
Congo Brands, the parent company behind Kimade, Alani Nu, and Prime Energy, also did not respond to requests for comments.
Prime's co-founders, Logan Paul and KSI, who are notable social media influencers, shared in media interviews in August that their beverage's marketing is not intended for children.
They additionally expressed the perspective that retailers should actively monitor and restrict sales to minors.
The American Medical Association's established policy from 2013 supports the notion of prohibiting the marketing of caffeinated drinks to individuals under 18. Furthermore, the organization urges U.S. regulators or lawmakers to make it mandatory for high-energy drinks to have "child-resistant packaging," a recommendation they strongly endorse.
Kinneret Shick Ohana, a mother of five children residing in Florida, encountered the attention-grabbing "vivid and colorful cans of Prime" that her kids had been talking about while she was shopping for groceries at Walmart. Fueled by excitement, she missed the inconspicuous black text at the bottom of the vibrant cans that indicated "energy drink," unknowingly bringing it home for her children.
"I found it confusing because at first glance, the can doesn't make it clear that it's an energy drink. It took me a while after my son pointed it out to actually locate that information," Ohana shared.
Bonnie Patten, the executive director of Truth in Advertising (TINA), expressed concerns about the energy drink industry's practice of marketing products intended for adults to children. She believes that Prime is just one instance of a company targeting minors with inappropriate drinks.
GNC, a specialty retailer, has taken the step of implementing an age limit of 18+ for purchasing energy drinks, as confirmed by their customer service line and in-store checks.
However, big retailers like Target and Walmart, as well as specialty chains such as the Vitamin Shoppe, stock Prime Energy without typically verifying the age of buyers, as reported by Reuters interviews and in-store observations.
The Vitamin Shoppe stated, "We strongly encourage our customers to follow all labeling instructions for every product sold at the Vitamin Shoppe, including energy drinks."
While Target did not respond to messages seeking comment, Walmart chose to decline comment.
The wording on the labels of these drinks, stating they are "not recommended" for kids, has created confusion among retailers regarding the appropriate restrictions to impose on the sale of energy drinks to children, according to legal experts.