Energy Drinks Are Surging. So Are Their Caffeine Levels.
Julie Creswell, The New York Times
Consumer Alert: Energy Drinks Marketed to Kids
Energy drink companies are targeting minors and those with cognitive needs.
Consumers should be aware of several deceptive and unfair marketing tactics that are currently being used by numerous companies in the energy drink industry, including Ghost LLC, Ryse Fuel, Cellucor and Alani Nutrition.
1. Marketing energy drinks to minors despite the fact that these drinks may be harmful to children.
Examples of such deceptive and unfair marketing include:
- Product packaging that mimics the packaging of popular children’s food and candy brands;
- Sponsoring high school sports teams or youth-focused organizations;
- And using influencers popular among children to promote the products.
2. Failing to clearly and conspicuously disclose that the energy drinks are only intended to be consumed by healthy adults.
This material information is often relegated to illegible fine print inconspicuously placed on energy drink cans.
“CAUTION: THIS PRODUCT IS ONLY INTENDED FOR HEALTHY ADULTS, 18 YEARS OF AGE OR OLDER. DO NOT CONSUME IF YOU ARE SENSITIVE TO CAFFEINE, OR IN COMBINATION WITH CAFFEINE OR STIMULANTS FROM OTHER SOURCES. TOO MUCH CAFFEINE MAY CAUSE NERVOUSNESS, IRRITABILITY, SLEEPLESSNESS, AND OCCASIONALLY, RAPID HEART RATE. NOT FOR USE BY WOMEN WHO ARE PREGNANT, NURSING, OR TRYING TO BECOME PREGNANT. CONSULT A LICENSED, QUALIFIED HEALTHCARE PROFESSIONAL BEFORE CONSUMING THIS PRODUCT. DO NOT USE IF YOU ARE TAKING ANY PRESCRIPTION DRUG AND/OR HAVE ANY MEDICAL CONDITION.”
3. Making unsubstantiated and unapproved health claims about the drinks, including claims that the product provides cognitive benefits such as focus.
Such claims require FDA approval, as well as competent and reliable scientific substantiation, neither of which energy drink companies typically have.
4. Using deceptive social media influencer marketing that fails to adequately disclose the influencers’ material connections to the company.
The failure to include such disclosures can make it impossible to know whether the posts reflect genuine, unbiased opinions of the user or whether they are simply advertisements.
Such unfair and deceptive marketing practices violate the Federal Trade Commission Act and/or the Federal Food, Drug, and Cosmetic Act, as well as the American Beverage Association’s Guidance for the Responsible Labeling and Marketing of Energy Drinks.
TINA.org and the UConn Rudd Center for Food Policy & Health, which seeks to reduce unhealthy food marketing affecting youth and their families through research and policy, have taken steps to eradicate some of the deceptive marketing in this arena. To learn about those efforts, click here.
Consumers are also encouraged to submit any questionable energy drink promotions to TINA.org here.
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