Accounts of illness, injury and even death, reported in several adverse event reports released by FDA has led to rising concerns over energy drink consumption. In light of consumers’ increasing alarm over these findings, Representative Edward Markey (D-Mass), Senator Richard Durbin (D-IL) and Senator Richard Blumenthal (D-CT) launched an investigation into the marketing, manufacturing and labeling practices of 14 commonly sold energy drinks on the market

In a new report, “What’s all the BUZZ about? A Survey of Popular Energy Drinks Finds Inconsistent Labeling, Questionable Ingredients and Targeted Marketing to Adolescents,” the staff of Rep. Markey, and Sens. Durbin and Blumenthal asked each of the 14 companies to respond to a series of questions. Information was requested on how each company determines whether its product should be represented as a dietary supplement or a conventional food; the ingredients used in the products; the levels of caffeine and serving size of the products; the studies performed to back up any claims made about the benefits of the products; and the marketing and advertising practices employed by the companies to target youth audiences.

The report found a range of inconsistencies in various marketing, labeling and ingredient disclosure requirements applied to energy drinks. As a result, nearly identical energy drinks can be marketed and represented to consumers differently, leading to consumer confusion and a lack of transparency.

In response to these findings, the report recommended that a number of steps be taken to improve the transparency and representation of energy drink products to ensure companies adhere to ethical advertising practices. Recommendations include:

• Companies should label products with a clear description of the total amount of caffeine (in milligrams) added to the product from all sources. For products that are packaged in non-resealable containers (such as pop-top cans), the label should include the amount of caffeine from all sources in the entire container, not just one serving.

• For products that contain caffeine that has been intentionally added to the product at levels above 200 parts per million (approximately 71 milligrams per 12 fluid ounces), the level affirmed as GRAS by FDA, display a prominent precautionary statement that at a minimum says, “This product is not intended for individuals under 18 years of age, pregnant or nursing women or for those sensitive to caffeine. Consult with your doctor before use if you are taking medication and/or have a medical condition.”

• Cease marketing of energy drink products to children and teens under the age of 18. Marketing includes use of both traditional media and social media as well as the sponsorship of events, activities and individuals that are intended for an audience comprised primarily of children or teens.

• Report to FDA the receipt of any serious adverse events associated with energy drink use. Serious adverse events are defined by FDA, but reporting is currently only required by the agency for products that are represented as dietary supplements.