The US Food and Drug Administration has threatened to seize stocks of certain branded, caffeinated alcoholic drinks unless their producers agree to cut out the caffeine.

The action comes amid renewed public debate on the safety of alcoholic drinks containing caffeine and follows a year-long review of evidence by the Food and Drug Administration (FDA).

The watchdog said today (17 November) that it has written warning letters to four manufacturers: Charge Beverages Corp, which produces Core High Gravity and Lemon Lime Core drinks; New Century Brewing Co, which makes Moonshot; United Brands Co, which sells Joose and Max drinks; and Phusion Projects, which makes the Four Loko drink.

Phusion’s Four Loko has been at the centre of fresh controversy over caffeinated alcoholic drinks and the group announced today that it would remove caffeine, guarana and taurine from the beverage.

“FDA does not find support for the claim that the addition of caffeine to these  alcoholic beverages is ‘generally recognised as safe (GRAS)’, which is the legal standard,” said the FDA’s principal deputy commissioner, Dr Joshua Sharfstein. “To the contrary, there is evidence that the combinations of caffeine and alcohol in these products pose a public health concern.”

The FDA said peer-reviewed studies suggest that the consumption of beverages containing added caffeine and alcohol is associated with risky behaviours that may lead to hazardous and life-threatening situations. Phusion’s Four Loko hit the headlines last month after several students were allegedly hospitalised after consuming the drink, among other beverages.

GlobalData Strategic Intelligence

US Tariffs are shifting - will you react or anticipate?

Don’t let policy changes catch you off guard. Stay proactive with real-time data and expert analysis.

By GlobalData

The FDA said that it has performed its own laboratory tests on so-called alcoholic energy drinks. It warned consumers to avoid the drinks brands named in its report today. Each of the four firms has 15 days to respond to the watchdog, otherwise the agency may seek court action against them.

Phusion said today that, while it will acquiesce to regulatory pressure, it does not believe that Four Loko is unsafe. “If it were unsafe, popular drinks like rum and colas or Irish coffees that have been consumed safely and responsibly for years would face the same scrutiny that our products have recently faced,” said the group.

The US states of Michigan and Washington have banned alcoholic drinks with caffeine and several other states are expected to follow suit. 

Alcoholic drinks containing caffeine flavouring, but not actual caffeine, are not considered a risk by the FDA.

Subscribe to Just Drinks for just £1 for 1 month

Stay ahead with unbiased news, expert commentary, and in-depth features on global topics.

As a trusted provider of data and insights, Just Drinks collaborates closely with industry leaders and professionals to offer unique thought leadership and analysis. Gain a deeper understanding of the drinks industry’s trajectory and the priorities shaping the profession.

What’s included in your subscription:
  • Personalized Access: Secure login to Just Drinks
  • Industry News & Expert Commentary: Timely updates and exclusive C-level interviews.
  • Case Studies & Deep Dives: Real-world applications and in-depth analyses.
  • Exclusive Subscriber Newsletter: Weekly top features, plus a new thematic report and webinar.

Ready to stay informed?

Subscribe to unlock exclusive content.

Already a subscriber? Sign in to access your account.

Pleasecomplete this form to request more information, and a representative will be in touch shortly.