A successful case study in using legal tools to ban caffeinated alcoholic beverages

In November 2010, the U.S. Food and Drug Administration (FDA) ruled that caffeine is an illegal additive in alcoholic beverages. While the media focused all its attention on the FDA, this action was actually the culmination of a four-year campaign that was waged on numerous different levels. Among the most important players was a committee of state attorneys general who fought against these products both in public and private. While the state attorneys general threatened litigation against the makers of caffeinated alcoholic beverages, advocacy groups proposed state legislative bans or regulatory action. All of these efforts ultimately led to the federal government taking regulatory action, thus providing important lessons on the interaction between state and federal legal action.

This presentation will describe how various factors, including scientific research, media advocacy, public and private litigation, state-based legislation, and state and federal regulation all came together to overcome fierce opposition on the part of the alcohol industry to get dangerous products off the market. This case study provides many important lessons for public health advocates on how to apply an array of legal tools.