WASHINGTON, April 11, 2007

FDA Blows Off Cocaine Drink Claims

Food And Drug Administration Says Energy Drink Named After Illegal Drug Is Marketed Illegally

  • Cocaine Energy Drink, which despite its name contains no illegal ingredients, has run afoul of the FDA. Photo

    Cocaine Energy Drink, which despite its name contains no illegal ingredients, has run afoul of the FDA.  (Getty Images/AFP/Earl S. Cryer)

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(AP)  The FDA is taking a beverage company to task for the way it's marketing an energy drink called Cocaine.

The product doesn't contain cocaine, but is being marketed as "the legal alternative" to the illegal drug, according to the Web site of Las Vegas-based Redux Beverages. Its logo appears to be spelled out in a white powder that resembles the drug.

The FDA says that kind of claim is illegal, as is the company's claim that the product contains an ingredient that can reduce cholesterol and prevent hardening of arteries.

The FDA says the drink is a drug that can't be sold without federal approval. And it says the product is mislabeled because it doesn't have "adequate directions for its intended uses."

The company insists Cocaine — the drink — isn't a drug, and says all its marketing is intended to be tongue-in-cheek. But Redux says it's ready to have talks with the FDA about how comply with federal law, and adds that revisions are under way on its Web site.

"Your product, Cocaine, is a drug," the three-page letter reads in part. "It's also a new drug and as such cannot be sold without FDA approval."

"Obviously, we're not a drug. We pretty much have the identical ingredients of every other energy drink out there," said Hannah Kirby, managing partner of the beverage company.

Kirby said company attorneys already were in discussions with the FDA about how to comply with federal law. The company has begun revising its Web site and other marketing materials, she added.

The FDA said it inspected the company Feb. 14 and reviewed the product's Web site, http://www.drinkcocaine.com. The agency said it's aware of a proliferation of dietary supplement products being touted as alternatives to illegal street drugs.

The FDA gave the company has 15 days to notify the agency of its plans to correct the violations of federal law. Otherwise, it can face seizure of its products, injunctions and possible criminal prosecution.

"Our take on it is we are naive. Everything that we do in terms of marketing of the products, on to all the various marketing taglines, is intended to be tongue-in-cheek," Kirby said.

Cocaine was one of roughly 500 energy drinks launched worldwide last year, capitalizing on the craze for the typically sugar- and caffeine-laden beverages. Entries on Cocaine's own MySpace.com page suggest the drink has thousands of fans, many of them teens.

Kirby and her husband James founded Redux Beverages last year. They chose "Cocaine" to differentiate their product.

"We knew it would be controversial, we knew it would make us stick out. That was the idea," Hannah Kirby said.

An opposition to James Kirby's year-old attempt to trademark "cocaine" is now pending at the Trademark Trial and Appeal Board, according to the U.S. Patent and Trademark office.



© MMVII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Add a Comment
by cantshutup April 11, 2007 5:52 PM PDT
these two irresponsible morons marketing this krap should get a mandetory drug test
Reply to this comment
by inventagod April 11, 2007 7:26 PM PDT
The White House confirmed several shipments were received each month for two years...
"It is rumored that Dubya loves the stuff, can't get enough!"
Barbra Bu$h could not be reached for comment, but Laura is reported to have told reporters she "likes items that mellow her out, slow her down - the twins sure are a handful! I kind of miss going to work, but the White House doctor has me on some pills, so I can't drive anymore."
Reply to this comment
by hypnotoad72 April 11, 2007 7:42 PM PDT
Why won't Coca-Cola sue? They used to use cocaine, and not even the "New Coke" tastes like cocoa, so it wasn't a diminutive of "Cocoa" that was used as the name "Coca-Cola"... :D
Reply to this comment
by moonfire1-2009 April 11, 2007 10:19 PM PDT
"Romeo and Juliet; A rose by any other name would smell as sweet... 1954 Shakespeare's"

What's in a name? What's in a product is more important then a name.

They named it this to get attention for their product. It worked. Who cares, lol.

I personally don't like any of those so-called energy drinks.

FYI:
Red Bull is an energy drink and also a Malt Liquor by Schlitz.
Reply to this comment
by moonfire1-2009 April 11, 2007 10:24 PM PDT
err...... I meant to type;

"""1594 Shakespeare"""

Not 1954........................
Reply to this comment
by drinuk April 12, 2007 4:18 AM PDT
It's probably loaded up with Aspartame, a real killer. The FDA is splitting hairs, it should taking a serious look at Aspartame, that is the really dangerous drug in all these junk drinks.

Of course they won't because it was Rumsfelts baby, he's most likely getting a kick back on every once sold to these crappy drinks companies. Who is getting a kick back at the FDA ???

Aspartame mimmicks 90 illnes's and causes cancer, www.sweetpoison.com check it out, time to ban it, Big Pharma sucks.
Reply to this comment
by extremophil April 12, 2007 9:25 AM PDT
So, do you drink it or snort it?
Reply to this comment
by moonfire1-2009 April 12, 2007 12:17 PM PDT
The thing about most of those sugar substitutes, is they still eventually break down into sugar, just slower.

Here is a link to the info you mentioned. I find it funny the FDA is more worried about a name then what is in a product.

http://en.wikipedia.org/wiki/Sweetener#Aspartame_controversy

Also that is a good question. To drink or not to drink, that is the question.... should it be snorted instead?

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