Energy Drink Regulations: Why the Time for More FDA Authority is Not Ripe and How States Can Protect Children without Unjustly Infringing on Adult Autonomy
energy drinks, Dietary Supplement Health and Education Act (DSHEA), self-regulation, consumer choice, young consumers, state age restrictions, federal preemption, dormant commerce clause
In December of 2011, Anais Fournier ("Anais"), a fourteen-year-old from Maryland, was at the mall with her friends when she drank a twenty-four ounce Monster energy drink. Within twenty-four hours, Anais consumed a second twenty-four ounce energy drink. Together, the two Monster energy drinks Anais consumed contained around 480 milligrams ("mg") of caffeine. A few hours after the second drink, Anais went into cardiac arrest and later died from cardiac arrhythmia. An autopsy found that caffeine toxicity caused Anais's arrhythmia and impeded her heart's ability to pump blood. As it turns out, Anais suffered from a preexisting heart condition called mitral valve prolapse ("MVP") a condition that causes a heart valve to not close properly. Either way, the disorder is not typically life threatening; some people require treatment while others do not.
Treat, L. D. (2021). Energy Drink Regulations: Why the Time for More FDA Authority is Not Ripe and How States Can Protect Children without Unjustly Infringing on Adult Autonomy. Journal of Food Law & Policy, 12(2). Retrieved from https://scholarworks.uark.edu/jflp/vol12/iss2/6
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