The nanny state has won again. Adult beverages containing caffeine and alcohol have come under increasing attack as people drinking underage, overdrinking, or otherwise abusing the product have suffered the obvious consequences. Certainly this nasty little endgame is cause for concern. But blaming a product, and once again, ignoring the personal responsibility aspect, is the latest example of counterproductive government overreach.
The front page of The Washington Post yesterday had the headline “Agencies Target Blackout in a Can.” The FDA, FTC, and Treasury Department are looking to ban the sale of products that contain both alcohol and caffeine. Their rationale? The mix is dangerous. That is not debatable.
However, the entire issue only started to raise concern when college students who were clearly abusing the product became hospitalized. That the federal government has abdicated any sense of responsibility on their parts, and instead blamed the makers of the product, attests to the growing nanny state. Should we really hold the irresponsible behavior of college students as the gold standard by which to judge the safety of our consumer products?
With the government’s rationale, there is a wide array of other products that should also be considered illegal. Kahlua has an alcohol content of 20% and comes from prime Arabica coffee beans. Zygo energy vodka. Pátron XO Café. These drinks have a greater alcohol content than Four Loko and contain equally high amounts of caffeine. They are also very popular in any urban setting or nightlife scene. Where is the uproar over these products? There is none.
Will the government’s hand in the matter extend to bars and restaurants that serve such items as Red Bull with vodka, Irish coffee, or even a rum and coke? These are caffeinated beverages that are commonly consumed with alcohol. Granted, these drinks are the result of two different products. But, as a recently posted YouTube video demonstrates, Four Loko can be made at home just with malt liquor, jolly ranchers, and caffeine. Such an accessible recipe calls into question the prudence of the ban in the first place.
In fact, it’s not just the aforementioned combinations that may soon be relegated to the annals of beverage history. The National Restaurant Association has the right to fear the banning of caffeinated and alcoholic beverages being served in the same eating establishment. With the FDA’s rationale, having several glasses of wine at dinner followed by a dessert espresso could also be considered dangerous and illegal.
Perhaps the most curious aspect of the entire controversy is the fact that the companies have responded without a whimper and caved to the government’s demands. Phusion Projects, the makers of Four Loko, has agreed to remove the caffeine, guarana, and taurine from their product. Will the drink now just be malt liquor, considering that it’s the only ingredient left in the recipe?
The debate over the beverages is being framed incorrectly. While the companies have attracted the ire of the media and the government, the very people who abused the products are being portrayed as the victims.
It’s not a problem when the federal government advises citizens against making an unhealthy decision. It becomes a problem when the government makes the decision for its citizens.
David H. Bass is President and CEO of Washington-based Raptor Strategies, LLC, an independent public relations and public affairs firm specializing in media, issue advocacy, state and federal government affairs.
