RECONSIDER the prior labeling approvals and allow the Commission to take any corrective action in light of the aforementioned concerns and dangers associated with alcohol energy drinks.
SPECIFICALLY, the Commission will consider the labeling of these products to determine if the labels promote “intemperance, or intoxication” or are found to be “detrimental to the health, safety, or welfare of the general public,” contrary to R 436.1611(1)(d).
UPON reevaluation of these factors, any label(s) found to be inconsistent with the administrative rule governing labels may be subject to disapproval. The manufacturer of that product may be afforded a hearing before the commission to present information as to why the Commission should not take corrective action in disapproving the label(s). If such a hearing occurs, it will take place within 90 days of a written Order by this Commission indicating that the Commission plans to take corrective action in disapproving the label(s). Between the date the Order is issued and the date of the hearing, the manufacturer may make attempts to remedy a product’s label by focusing on how the item is packaged (whether by single can or in a grouping of containers), the label, including the size of font specifying the alcohol content, the product’s color scheme or design to better identify it as a beverage containing alcohol, whether the product has any disclaimers or warnings that it contains high levels of caffeine, warnings as to potential dangers in consuming products mixed with alcohol and natural stimulants, the size of the container in which it is sold, and the type of container in which it is sold. Finally, between now and the time that this Commission begins issuing Orders relative to these products, manufacturers may take proactive steps to address these factors and submit new ideas for packaging and labeling their products.