Makers of the "Cocaine" energy drink are probably squirming right about now - the FDA has ruled that the energy drink is actually a drug, subject to FDA approval, and is being sold without regulatory approval. Obviously the drink doesn't contain actual cocaine, although its cheeky marketing campaign clearly wants you to believe the drink and the powder have something in common. No, the problem stems from the FDA's judgment, after studying the drink's web site, that it is being illegally marketed as a dietary supplement:
In addition, dietary supplements cannot carry claims to prevent or treat a disease - something only drugs can do, according to the letter. The Cocaine Web site lists an ingredient called inositol and says it reduces cholesterol and helps prevent hardening of the arteries, among other health claims, the FDA said.
"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. In addition, the FDA said the product is mislabeled since it doesn't include "adequate directions for its intended uses."
The makers of the beverage are claiming ignorance and general naivety about the whole situation. In particular, they claim that in terms of ingredients, they're just like all the other energy drinks out there; it's just their marketing that sets them apart, which was the point in the first place. But when you set yourself apart, sometimes you set yourself up, and that might be what's happening here.
I haven't tried the stuff personally (the beverage I mean). Energy Fiend does have a nice comparison chart showing that it doesn't even have the highest caffeine content of the beverages on the market. Of course, Energy Fiend didn't review the taste, presumably because that's not the point, but.
