FDA. Restrictions re Caffeine Content; Disclosures re Caffeine Content.
@whiterhino Thx for your post zeroing in on an extreeemely relevant point - FDA regs re (1) classification of caffeine-containing products. (2) whether label must disclose that the product contains caffeine. (3) whether the label must disclose the amount of caffeine. (4) whether FDA restricts the amount of caffeine in this classification of product.
If I'm interpreting Table 1* info in article below correctly, seems per FDA reg's:
(1) "Charged lemonade" would fall within classification of "Foods with added caffeine (classified as conventional foods)." Examples of items in this classification include Jelly Belly “Extreme Sport Beans” and Perky Jerky beef jerky and Wrigley's Alert Energy Caffeine Gum.
(2) Label must indicate that the product contains caffeine.
(3) Label is not required to indicate caffeine quantity in this product.
(^Assuming it was not an "energy drink" which would fall into a different FDA classification, which would require label to indicate caffeine quantity.^)
(4) FDA reg's do not limit caffeine quantity in this product.
(^Assuming Panera's charged lemonade was not a "carbonated soda with added caffeine," which would fall into a different FDA classification and would limit caffeine quantity.^)
Regarding ^ comment about" 68 mgs per 12 oz" IIUC, that reg. may apply to products FDA classifies as ""carbonated soda with added caffeine" or possibly another of the five classifications described in linked 2013 article from "Journal of Caffeine Research."
I welcome corrections on any (mis?)interpretations in this post.
A very complex set of reg's and I'm not sure if FDA reg's summarized below were in effect in Sept 2022, the time of woman's tragic death.
Regardless, sad, sad, sad.
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Tedious Detail Alert.
"FDA regulation of caffeine-containing products is byzantine.14 We have identified five distinct categories of consumable products that contain caffeine, each of which is regulated differently by the FDA (see Table 1)."
"Within the category of conventional foods, there are three subcategories of caffeine-containing products useful to keep distinct because they are regulated differently: foods and beverages with naturally occurring caffeine, such as coffee and tea; carbonated sodas with added caffeine; and other foods containing added caffeine, such as caffeinated chewing gum, potato chips, and other snack food. Of all these product types, only over-the-counter drugs and carbonated sodas have limits on added caffeine. Only over-the-counter drugs are required to list caffeine quantity on the product label."
"Table 1.
Categories of Caffeine-Containing Products and Regulatory Requirements"
"Caffeine content
"Foods and beverages with naturally occurring caffeine, such as coffee and tea, have no limits on caffeine content. Carbonated sodas do have limits on added caffeine... the FDA instead placed a limit on caffeine added to carbonated beverages of 0.02% concentration, or 71 mg for a 12 ounce beverage.5
"In contrast to caffeinated sodas, there are no limits on the caffeine that may be added to other foods and beverages. An increasing number of food products with added caffeine are being introduced, including gum, jelly beans, potato chips, beef jerky, and waffles.18."
Article republished at:
Current regulation of caffeine-containing products is incoherent, fails to protect consumers' interests, and should be modified in multiple ways. We make the case for one of the regulatory reforms that are needed: all consumable products containing ...
www.ncbi.nlm.nih.gov
