By Dante Driscoll, JHBL Staff Member
Recently, the energy drink market has seen an increase in the number of brands entering the market, many of which utilize marketing directed towards adolescents.[1] In addition to the considerable amount of sugars or artificial sweeteners included in these products, they often contain amounts of caffeine that drastically surpass the Food and Drug Administration’s recommended limits for adolescents.[2] Energy drinks are also the most popular supplement for teens and young adults, with over 30% of teens between ages twelve and seventeen consuming energy drinks on a regular basis.[3] Despite the negative health consequences that face adolescents through the use of these products, energy drink companies continue to market their products to this demographic of customers.[4]
GENERAL BACKGROUND
Energy drinks have been around for centuries, and in various forms, but the modern energy drink we know today was developed in Japan during the 1960s.[5] Taisho Pharmaceutical Company introduced the first energy drink in 1962, called Lipovitan-D.[6] This product was marketed as a medicinal tonic to help combat fatigue, and it contained a mix of B vitamins, taurine, and caffeine.[7] These ingredients are popular in most brands of energy drinks and are intended to increase energy and alertness for a short period of time, with the results often wearing off a few hours after ingestion.[8] The most recognizable of these ingredients—caffeine —is a key ingredient in many popular energy drinks.[9]
HEALTH CONSEQUENCES
Medical professionals agree 400 mg of caffeine per day is a safe amount for adults, a stark difference to the 100 mg per day that is recommended for adolescents.[10] The American Academy of Pediatrics (AAP) to explicitly advise against any child or adolescent consuming energy drinks, as on average, a sixteen ounce energy drink contains anywhere from 70 to 240 mg of caffeine.[11] Additionally, when caffeine is consumed in excess, it can do more than temporarily raise your heart rate.[12] One of the most common side effects of excessive caffeine consumption is the development of arrhythmias, which is a heart rate irregularity.[13] While these palpitations are usually short-lived, they can become chronic, such as with atrial fibrillation.[14] If people have predispositions to cardiovascular complications, excessive caffeine consumption can trigger significant problems through regular consumption of energy drinks.[15]
The concern over these negative health consequences have caused some energy drink brands, such as Bang, to include a warning label on their cans.[16] Warning labels state that the product is “not recommended” for children under eighteen and should not be consumed with any other products containing caffeine; however, these warning labels are often small and on the back of the can.[17] While some energy drink brands contain warning labels, these warnings do not deter brands from creating flavors, advertisements, and promotions that cater to the adolescent audience. [18]
MARKETING PRACTICES THAT ATTRACT ADOLESCENTS
Modern-day companies have built upon the marketing technique first established by Taisho Pharmaceutical Company, often directing their marketing toward adolescents.[19] Popular energy drink brands, such as Prime Energy, Ghost LLC, Ryse Fuel, Cellucor, and Alani Nutrition have been at the focus of these allegations.[20] Allegations include unfair and deceptive marketing practices in violation of the Federal Trade Commission Act, the Federal Food, Drug, and Cosmetic Act, and the American Beverage Association’s Guidance for the Responsible Labeling and Marketing of Energy Drinks.[21] The basis for these allegations arise from the misleading labeling of the cans and collaborations with brands and popular influencers whom appeal to adolescents.[22]
Ghost and Prime Energy have received the most significant amount of public scrutiny.[23] Ghost has received backlash for using candy brands popular among children and young teens, including Swedish Fish, Bubblicious, Sour Patch Kids, and Warheads to flavor and package energy drinks and supplements that are only intended for adults.[24] Ghost also targets children with deceptive and unfair marketing by using influencers popular amongst children, such as FaZe Clan, whom specifically caters to boys between the ages of thirteen and seventeen.[25] Further, Prime Energy, founded by YouTube creators Logan Paul and KSI, have received backlash for selling their caffeinated and non-caffeinated products in nearly identical cans, leading to children easily purchasing and consuming the caffeinated products.[26]
ANALYSIS/RECOMMENDATIONS
The government should take measures to limit and restrict the accessibility of caffeinated products to adolescents.[27] Manufacturers can move warning labels to a more noticeable part of the product and choose less appealing colors and flavors directly marketed at adolescents.[28] Furthermore, retailers can take include moving the products location off of end caps, which are easily accessible by adolescents, and placing them in a location different from sports drinks.[29]
As the energy drink market continues to grow, government agencies need to implement measures that protect adolescent consumers from deceptive trade practices. Retailers should also implement their own measures to safeguard adolescent consumers from purchasing energy drink products, many of which contain hundreds of milligrams of caffeine per serving. Adolescents who ingest these excessive amounts of caffeine can develop significant cardiovascular complications, and the government needs to intervene to stop these energy drink businesses from exploiting the youth for their own corporate greed.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHBL or Suffolk University Law School.
Dante Driscoll is a second-year law student at Suffolk University Law School interested in business law. He received a Bachelor of Science in General Business Administration from the University of Rhode Island in December of 2021.
[1] See Energy Drinks Market Size, Share & Growth Report, 2030, Grand View Rsch., https://www.grandviewresearch.com/industry-analysis/energy-drinks-market [https://perma.cc/4BJC-RMDW] (detailing growing demand for energy drinks and market players aggressive marketing); see also Laura Watne, Energy Drinks: Do You Really Want To “Unleash The Beast?,” Gold Crown Found. (Aug. 20, 2023), https://www.goldcrownfoundation.com/energy-drinks-do-you-really-want-to-unleash-the-beast/#:~:text=Energy%20drinks%20are%20considered%20%E2%80%9Cdietary,stimulants%20found%20in%20energy%20drinks. [https://perma.cc/9ZL8-4R43] (listing brands that market to young people).
[2] See For kids and teens, energy drinks may have harmful side effects, UCLA Health (Aug. 1, 2023), https://www.uclahealth.org/news/teens-energy-drinks-side-effects [https://perma.cc/G8D7-JPH3].
[3] See Energy Drinks Market Size, Share & Growth Report, 2030, supra note 1 (detailing primary demographics of energy drink consumers); see also Stephanie Brown, How Dangerous Are Energy Drinks?, Verywell Health (Jul. 28, 2022), https://www.verywellhealth.com/energy-drinks-danger-6281116 [https://perma.cc/6PB9-MSES].
[4] See Energy Drinks Market Size, Share & Growth Report, 2030, supra note 1 (detailing marketing practices of energy drink companies); see also Sarah Galzerano, Can Energy Drinks Hurt Your Heart?, Jefferson Health (Feb. 2, 2023), https://www.jeffersonhealth.org/your-health/living-well/can-energy-drinks-hurt-your-heart#:~:text=An%20Abnormal%20Heart%20Rate%20and,Ho. [https://perma.cc/P9CE-GE49] (describing side effects of excessive caffeine consumption).
[5] The History and Rise of Energy Drinks, PRO Eng’g/Mfr, Inc., https://prowm.com/brewing/energy-drinks-history-rise-pasteurization/#:~:text=Energy%20drinks%20have%20been%20around,Taisho%20Pharmaceutical%20Company%20in%201962 [https://perma.cc/KM9Y-D4VG].
[6] Id.
[7] Id.
[8] Id.; Honor Whiteman, How energy drinks affect your body within 24 hours, Med. News Today (Aug. 15, 2015), https://www.medicalnewstoday.com/articles/298202 [https://perma.cc/76PK-6RP4] (detailing how effects of caffeine diminish over time).
[9] See Muhammad A Mangi, Energy Drinks and the Risk of Cardiovascular Disease: A Review of Current Literature, Cureus, https://www.cureus.com/articles/7289-energy-drinks-and-the-risk-of-cardiovascular-disease-a-review-of-current-literature#!/ [https://perma.cc/T6WD-MQ5S].
[10] See Brown, supra note 3 (noting FDA’s guidance on maximum amount of caffeine per day).
[11] See Brown, supra note 3 (describing average 16-oz energy drink caffeine content calculations conducted by NCCIH); see also Watne, supra note 1 (detailing AAPC stance on energy drinks).
[12] See Galzerano, supra note 4 (describing symptoms of excessive caffeine ingestion).
[13] See Galzerano, supra note 4. “Some data suggest that quick ingestion over a short period of time might result in QT prolongation on an electrocardiogram (EKG); this shows us that the heart is taking longer than usual to recharge between beats, posing a risk of developing a lethal (or deadly) arrhythmia.” Id.
[14] See Galzerano, supra note 4.
[15] See id.
[16] See Brown, supra note 3.
[17] Cathy Cassata, PRIME Energy Drinks Under Question—How Much Caffeine Is Too Much?, Health (Jul. 20, 2023), https://www.health.com/prime-energy-drinks-caffeine-how-much-too-much-7561951 [https://perma.cc/C2WT-5W9C].
[18] See For kids and teens, energy drinks may have harmful side effects, supra note 2
[19] See For kids and teens, energy drinks may have harmful side effects, supra note 2.
[20] See Laura Sanicola, Schumer asks FDA to investigate Logan Paul’s PRIME energy drink, Reuters (Jul. 10, 2023), https://www.reuters.com/business/healthcare-pharmaceuticals/schumer-asks-fda-investigate-logan-pauls-prime-energy-drink-2023-07-09/ [https://perma.cc/TGY7-F5DP]; see also Consumer Alert: Energy Drinks Marketed to Kids, Truth in Advert. (Dec. 12, 2022), https://truthinadvertising.org/articles/consumer-alert-energy-drinks-marketing-to-kids/ [https://perma.cc/TU9Z-GS4X]; Ghost Energy Drinks Deceptively Marketed to Kids, Truth in Advert. (Dec. 12, 2022), https://www.globenewswire.com/en/news-release/2022/12/12/2572123/0/en/Ghost-Energy-Drinks-Deceptively-Marketed-to-Kids.html [https://perma.cc/AK9Q-P3MU].
[21] See Consumer Alert: Energy Drinks Marketed to Kids, supra note 20
[22] See id.
[23] See id.; see also Sanicola, supra note 20.
[24] Ghost Energy Drinks Deceptively Marketed to Kids, supra note 20.
[25] Id.
[26] See Sanicola, supra note 20. This past July, The FDA announced they would be reviewing a request by U.S. Senate Majority Leader Chuck Schumer to investigate the caffeine content Prime products, as well as their marketing to children. Id.
[27] See generally FTC, FDA Take Action Against Companies Marketing E-liquids That Resemble Children’s Juice Boxes, Candies, and Cookies, F.T.C. (May 1, 2018), https://www.ftc.gov/news-events/news/press-releases/2018/05/ftc-fda-take-action-against-companies-marketing-e-liquids-resemble-childrens-juice-boxes-candies [https://perma.cc/5TYA-NQRH]; Marketing To The Youth Of America: How E-Cigarette Companies Target Young People, Addiction Prevention Coal., https://apcbham.org/marketing-to-the-youth-of-america-how-e-cigarette-companies-target-young-people/ [https://perma.cc/Z9T8-4CM8].
[28] Kailyn Rhone, Rising caffeine levels spark calls for ban on energy drink sales to children, Reuters (Aug. 30, 2023), https://www.reuters.com/business/healthcare-pharmaceuticals/rising-caffeine-levels-spark-calls-ban-energy-drink-sales-children-2023-08-30/#:~:text=The%20American%20Medical%20Association%20supports,%22%20on%20high%2Denergy%20drinks. [https://perma.cc/8784-VU5N]
[29] Id.