Four Loko a.k.a. Blackout in a Can: The Federal Regulation of Caffeinated Alcoholic Beverages

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Four Loko a.k.a. Blackout in a Can: The Federal Regulation of Caffeinated Alcoholic Beverages

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dc.contributor.advisor Peter Hutt en_US
dc.contributor.author Mayberger, Caroline Layne
dc.date.accessioned 2012-04-18T16:35:15Z
dc.date.issued 2011
dc.identifier.citation Caroline Layne Mayberger, Four Loko a.k.a. Blackout in a Can: The Federal Regulation of Caffeinated Alcoholic Beverages (October 2011). en_US
dc.identifier.uri http://nrs.harvard.edu/urn-3:HUL.InstRepos:8592152
dc.description.abstract Caffeinated alcoholic beverages (“CABs”) such as “Four Loko” exploded onto the drinking scene in recent years, creating a youth culture fad and sparking concern and even outrage among politicians, the media, law enforcement officials, and health professionals. Part I of this article provides an overview of the effects of CAB consumption, and federal agencies’ steps toward CAB regulation. Part II explains the jurisdictional overlap of the Food and Drug Administration (“FDA”), the Federal Trade Commission (“FTC”), and the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) with respect to alcoholic beverage regulation, arguing that the government’s reaction to the apparent health risks of CABs demonstrated notable interagency coordination and cooperation. Part III canvasses the extent to which CAB manufacturers may be exposed to civil liability in light of deaths and hospitalizations associated with CAB consumption, hypothesizing that CAB manufacturers may still face liability even after the removal of caffeine from their products. Part IV addresses the marketing issues related to CAB advertising, and Parts V and VI examine the arguments that FDA regulation of CABs is arbitrary and paternalistic, respectively. The article concludes in Part VII by presenting alternative solutions to an outright ban of CABs. en_US
dash.license LAA
dc.subject food and drug law en_US
dc.subject Food-Food Safety-Toxicity/Food Additives en_US
dc.subject.other Food and Drug Law en_US
dc.title Four Loko a.k.a. Blackout in a Can: The Federal Regulation of Caffeinated Alcoholic Beverages en_US
dc.type Paper (for course/seminar/workshop) en_US
dc.relation.journal Food and Drug Law: An Electronic Book of Student Papers en_US
dc.date.available 2012-04-18T16:35:15Z

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