With extensive media and Congressional attention—and none of it good—focused on energy drinks, some industry experts are speculating that the category is ripe for government intervention. In the past few months we have seen numerous articles reporting on the so-called potential health risks, irresponsible marketing and mislabeling of energy drinks. The headline that caught my attention read, “Energy Drinks and Ephedra: Déjà vu All Over Again?”
 
In Washington, some lawmakers are striking alarm bells about caffeine-containing products—mainly energy drinks and dietary supplements in particular. At the state and local levels, legislatures and city councils are floating proposals that take aim at energy drinks. In the courts, the buzzards are circling, with looming legal challenges poised to try to connect caffeine with harm. So far triple lattes and depth charges (a cup of American coffee with two shots of espresso) have somehow been spared in the debate, leaving some to question why these caffeine-chocked products warrant a free pass.
 
What makes the growing assault on caffeine so interesting is the simple truth that every day tens of millions of Americans, and perhaps hundreds of millions more around the globe, wake up in the morning and pour (at least) one cup of coffee. Scientists are less persuaded that caffeine is a dangerous ingredient that requires Congressional attention. This could be because many scientists would not have plodded through higher education were it not for the physiological effects of caffeine. In fact, I have been stunned that nobody has discussed the dangers of starting a day with NO caffeine, which is usually my biggest concern.
 
FDA has indicated that it is looking into the safety of caffeine and the products that contain it. FDA’s efforts are no doubt slowed by the absence of evidence that caffeine and other ingredients in energy drinks are harmful at levels found in products. Furthermore there is a significant lack of scientific evidence to demonstrate caffeine at the levels found in energy drinks could be responsible for serious adverse events that have been reported to the agency.
 
There is an enormous amount of scientific research on caffeine—much of it good.  Given the vast amount of scientific knowledge on caffeine and its effects on the body, and given its widespread global use, what should responsible industry be doing? CRN believes that consumers should be given meaningful information about what’s in a dietary supplement, which logically includes disclosure of caffeine levels. We do not believe that legislation is the answer. Nor are kneejerk reactions and condemnation from elected officials. CRN is also adamant that if there is to be a regulatory change—it must be applied equally across all products that deliver caffeine. It is not good policy to go after supplements or energy drinks, but leave out other commonly consumed sources of caffeine. Caffeine is caffeine.
 
In the coming months this issue will continue to unfold and we will hopefully get a clearer picture of where the conversation is headed. In the meantime, CRN is taking a closer look at this issue with its members. I am sure that other associations will be doing the same. Until then, I think we all need to take a step back, have a cup of Joe and enjoy our day.
 
Duffy MacKay, ND, is vice president, Scientific and Regulatory Affairs, for the Council for Responsible Nutrition, the dietary supplement industry’s leading trade association.
 
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The ideas and opinions expressed in this article are those of the author and do not necessarily reflect views held by Nutraceuticals World.