Health Canada slow to move against alcoholic energy drinks

OTTAWA ? Health Canada isn't ready to crack down on pre-mixed alcoholic energy drinks, despite a long-standing request from government inspectors for direction on what "action can be taken against these products," internal records show.

The Canadian Food Inspection Agency pressed Health Canada for a decision last year, after fielding a complaint from the Association of Canadian Distillers last May about alcoholic beverages that market themselves as providing an energy boost. The association said in addition to being deceptive and misleading, that given Health Canada's classification of alcohol as a depressant, "these marketing practices also have serious potential negative health consequences."

Minutes of a July 2011 meeting of food inspectors at which the complaint was discussed, released to Postmedia News under access to information, said "CFIA needs clarification on stronger regulatory basis on which action can be taken against these products," saying there are labelling and composition "concerns because the product is being represented as an energy drink."

Health Canada says a new guidance document for industry and government inspectors is still a work in progress, but confirmed Friday it will provide clarity on both the use of caffeine-containing ingredients in these products and address the use of the term "energy" to market them.

"This is an implied health claim because it is generally recognized to refer to a stimulatory or 'energy boosting' effect. The guidance is important in order to ensure that labels for these products are not misleading for consumers," Health Canada said in a statement.

The department, which establishes rules to be enforced by CFIA, has been wrestling with the issue as far back as 2009, when the agency asked Health Canada to spell out in a "transparent" way its position on pre-mixed beverages marketed as alcoholic energy drinks, given the department's public messaging not to mix regular energy drinks and alcohol.

Alcohol is a central nervous system depressant and caffeine is a stimulant that can make people think they are less intoxicated than they are. Health Canada warns this can lead to prolonged drinking sessions and higher alcohol consumption, increasing health and safety risks.

In 2010, Health Canada issued a letter to liquor control boards across the country, clarifying that pre-mixed alcoholic energy drinks were permitted under current regulations ? so long as the stimulant is derived from an ingredient that naturally contains caffeine.

Regular energy drinks contain synthetic caffeine in addition to caffeine derived from guarana, with total levels of caffeine ranging from 80 mg to 200 mg in each can. The caffeine in alcoholic beverages such as Rockstar + Vodka, MOJO, Octane 7.0 and Poppers Rush 7%, is derived from guarana, and the products are represented as providing an energy boost or being a source of energy.

In an interview, C.J. Helie, executive vice-president of the Association of Canadian Distillers, said his organization believes this contravenes a key section of Canada's labelling rules because any representation that an alcoholic drink is a stimulant, boosts energy, or has stimulative properties is incompatible with alcohol's core characteristic as a depressant.

Helie said the health issue is as pressing as the commercial aspect of the dispute.

"How do you convince consumers that it's a risky behaviour if they think it's being sold legally in every corner store in Quebec? That's the crux of the issue."

For example, Blue Spike Beverages, based in Montreal, says its MOJO "alternative alcoholic beverage," available in Quebec convenience stores and some liquor board stores outside Quebec, was developed because young people started "mixing spirits and energy drinks. This is how the new market segment of alcoholic energy drinks was born."

Meanwhile, Blue Spike's calls its "Octane 7.0 alcohol + energy drink" a "revolutionary product which combines 7% alcohol with 80 mg of caffeine and is designed for consumers who want an alcoholic drink with all the kick an energy drinks packs!"

Helie said Health Canada has to find a way to respond more quickly, even when facing a complex regulatory issue.

"I think some companies recognize that the brand cycle is now faster than the regulatory response cycle. They take a bet they can bring something in which either skirts the edges or even goes way over the edges and they can get in, make some money and get out before the regulator has an opportunity to respond," said Helie, adding he's "obviously frustrated" it's taking so long to resolve.

A new report by the Canadian Centre on Substance Abuse and the Centre for Addictions Research of British Columbia at the University of Victoria, released Thursday, said sales of pre-mixed alcoholic energy drinks are way up, rising 296 per cent between April 2005 and 2010.

sschmidt@postmedia.com

Twitter.com/SarahSchmidtPN

CNS 5/25/12 17:30:17

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