Energy drinks have become immensely popular in recent years, especially with youth, but some health officials are working to restrict how the drinks are sold.

Pat Bird, prevention manager for the Utah County Division of Substance Abuse, said manufacturers have used misleading labeling to help sell energy drinks which contain alcohol. After his efforts to educate the public and lawmakers, a bill may go before the state Legislature requiring a sign labeling alcoholic energy drinks.

Bird saw the unawareness throughout the county of the different alcoholic energy drinks, including Rockstar 21, Sparks and Tilt, and went to the Utah Department of Alcoholic Beverage and Control.

Although the DABC can make rules concerning the sale of liquor, the department felt a bill should be drafted for the Legislature instead.

"It looks like it's going to take redefining of some items, and they felt that should be before the Legislature," said Sharon Mackay, spokeswoman for DABC.

Mackay said a different definition is needed for flavored beverages, which does not currently exist. The alcoholic energy drinks are a whole new animal, she said.

"Our statute only defines liquor and beer, and that product is between those," Mackay said.

Bird said he became aware of the new kind of energy drinks only a year ago. During the process of doing compliance checks for alcohol sales in the county, it became clear that many products containing alcohol looked the same as those that did not.

At that point, Bird said, he began researching the new energy drinks and found many people could not recognize the alcoholic beverages. Even cashiers at grocery stores had a hard time with the product.

"It's difficult for them to tell which have alcohol and which do not without looking very closely," Bird said.

Even some adults who had bought the drink said they were not aware they had purchased alcohol, he said. A big concern with the energy drinks is the availability to youth, but the focus on education is towards parents.

"Most of our data is from parents not knowing ... the youth usually know," he said.

Bird said he obtained information on the drinks from many sources, including the Marin Institute, an alcohol industry watchdog. According to a recent study from the group, the alcoholic energy drinks are marketed toward youth.

Youth are already the largest purchasers of energy drinks, with approximately 30 percent of 12- to 24-year-olds regularly consuming the products. Marketers of the alcoholic versions use dramatic names like Cocaine, DareDevil and Rip It to attract teens, according to the survey.

The drinks also create brand confusion with the various other versions of the drink and can be more cost-friendly to youth.

"In fact, in at least some convenience stores in California, alcoholic energy drinks are cheaper than nonalcoholic energy drinks," stated the report.

Bird said he agrees that the marketing is intentional on the part of manufacturers. There are numerous alcoholic products that are indistinguishable from non-alcoholic beverages.

"Definitely so, and that's a personal opinion," he said. "But why else would they do thatfi"

As well as the inherent risk in underage drinking, Bird said the alcoholic energy drinks provide additional hazards. The combination of ingredients in the drinks can be dangerous for consumers of any age.

"When you get a depressant and a stimulant in the same can, there's going to be a health risk," he said.

On advice from Bird and other state officials, the Springville City Council recently considered measures to lower the availability of alcoholic energy drinks to youth. The council was to decide whether to require signage on the drinks but postponed the vote indefinitely until the state courts make a decision on the issue.

"I would assume if they're looking to do it at the state level, it would be redundant to do it at the city level," said city attorney John Penrod.

Penrod said the city was looking into the issue based on studies provided by Utah County. The law would be similar to one already in place requiring a sign for malt beverages that outlines alcohol content.

Mackay said DABC is working to draft a bill requiring signage for alcoholic energy drinks, but it will likely not be complete until the end of the month.

Based on his role as the Senate majority whip, senator Curtis Bramble, R-Provo, said he may sponsor the bill in the Legislature.

Bramble said he has not decided whether to sponsor the bill because it is too new. He has not had the time yet to research the issue and speak with all stakeholders in the matter, but the issue is important.

"Generally, alcoholic beverages that are being marketed as non-alcoholic, there's got to be some general concern with that," he said.

Bramble said he needs to do more work before he is ready to draft the bill, but he hopes to have it complete by February for the 2008 session in the Legislature.

Related

• Substance abuse officials warn against overuse of energy drinks