LCC Bans Alcoholic Energy Drinks

 

On December 8, the Nebraska Liquor Control Commission gave retailers 7 days (12/15/10) to remove alcoholic energy drinks from their store shelves. The decision came after the FDA ruled last month that alcoholic energy drinks are considered to be adulterated products.


Click here for the Omaha World Herald Article

 



FDA Warning Letter to Phusion maker of Four Loko



 
  Click on maps below for pdf document.

 State AED Action: Pre-FDA Statement


State AED Action: Post-FDA Statement 12/2/10




Alcoholic Energy Drinks (AEDs)

State, Local, and College Actions to Restrict or Ban Their Availability

 

I. State Action (28 total)

States banning/issuing a moratorium on AEDs (12)

Massachusetts
Michigan
Oklahoma
Utah
Washington
Oregon
New Hampshire
Kansas
Iowa
Illinois
California
Ohio 

Distributors/retailers that have agreed to voluntarily stop selling AEDs (4)

Connecticut
New York
Maryland
Maine 

States that have reclassified AEDs as distilled spirits, reducing their availability and increasing their taxes (1)

Montana

States that require retailers to place AEDs with beer & wine (and not with energy drinks) (1)

Virginia

States that have asked distributors to voluntarily end sales (5)

Pennsylvania
Texas
Vermont
West Virginia
Kentucky 

States that have asked retailers to voluntarily end sales and remove stock

Connecticut
Texas 

States where a retail association has called for a ban of AEDs and recommended its members discontinue their sale (1)

Indiana

States that are investigating/considering bans on AEDs (through administrative action and/or legislation) (4)

Arkansas
Pennsylvania
New Jersey
North Carolina 

States requesting Health Department to pull products from retail shelves immediately (1)

Maryland

States allowing retailers to return AED products for refunds to wholesalers

North Carolina


II. Local Action

Local ordinance requiring retail signage warning of AED risks

Thousand Oaks, CA

Local ban proposals (2)

Somerville, MA
Chicago, IL

Cities requesting retailers to remove products from shelves

San Francisco, CA


III. College Bans (4)

University of Rhode Island
Ramapo College, New Jersey
Central Washington University, Washington
Lebanon Valley College, Annville, Pennsylvania


Prepared by:
James F. Mosher, JD
Raimee Eck, MPH, PA-C
Alcohol Policy Consultations
November 23, 2010

 
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