Tuesday, May 8, 2007
Redux Beverages LLC said its caffeine-loaded drink -- which contains no cocaine despite the name -- would get a new name but that the company would continue to fight for the right to bring back the "Cocaine" name.
The Las Vegas, Nevada-based firm said it took the action in the face of "threats" by the US Food & Drug Administration (FDA) and state officials.
A statement said the company was "agreeing temporarily to cease distribution of the Cocaine Energy Drink until the legality of using the name 'Cocaine' can be firmly established."
"Obviously, we were forced to stop shipping the drink as 'Cocaine' for now, but we're not done fighting for our rights," said Jamey Kirby, founder of Redux, who added that a new name and label would be offered in the coming weeks.
"We've received tens of thousands of e-mails and phone calls from consumers expressing outrage and disbelief that the government can ban a perfectly safe product for no reason other than it has a racy name.
"We tried to contact Yves Saint Laurent to warn them that Opium perfume could be next, but they were too busy enjoying the freedom of expression guaranteed by the US Constitution -- a freedom we here at Redux, sadly, lack."
Legal troubles for the firm began on April 4, when the FDA issued a warning to Redux that it considered the drink illegal, saying it was being marketed as an alternative to an illegal street drug and making claims to treat or cure disease.
Later, the attorneys general of Texas, Connecticut and Illinois followed with similar allegations.
An FDA spokesman declined to comment on the case saying it was still under investigation.
Cocaine Energy Drink contains over 1,100 milligrams of caffeine, slightly more than a large Starbucks coffee, according to the company, and among the highest in the category.
It also contains taurine, an amino acid, and guarana, a stimulant from a South American plant, as well as vitamins and other ingredients. The makers have called it "the legal alternative" and it was competing in a rapidly growing market for energy drinks worth more than 3.5 billion dollars in the United States alone.
Redux claimed the drink had made inroads by taking market share from beverages including Red Bull, RockStar and Monster, which also are loaded with caffeine and other stimulants.
The company's website was recently revised, with the page normally offering sales of the beverage covered with a black band saying "Banned by The Man."
"The FDA came after us with the same regulation they used to halt the distribution of herbal ecstasy, which was a situation where drug users were buying their drugs over the Internet as herbal supplements," said Clegg Ivey, one of Kirby's partners at Redux.
"Apparently, the FDA thinks that users of the illegal narcotic cocaine might, in order to save money and avoid jail time, instead purchase cans of Cocaine Energy Drink."
"FDA agents reportedly said "Come on boys, lets go have a COCA cola." Coca leaf is the raw material for the manufacture of the drug cocaine!
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