Staff Writer 

 “Big Dawg,” “Crakshot,” “Kronik,” “Spaz Juice,” “Radioactive Energy” and “Pimpjuice Premium” aren’t the latest hip-hop song titles; they’re just a few of the names being splashed onto cans and bottles full of an “energy blend” that has local lawmakers, state politicians and national educators taking action.

State Rep. Peggy Pendleton of Scarborough said she decided to endorse LD-17, a bill that would prohibit the sale of energy drinks to minors in Maine, after she received a “disturbing call” from a 9-year-old.

“She had gotten ahold of [an energy drink] and had some pretty scary results,” Pendleton said. “Her face went pale and she had purple lips because there was so much caffeine.”

Johns Hopkins University School of Medicine Psychiatry and Neuroscience Professor Roland Griffiths said caffeine blocks neurotransmitters in the brain that are responsible for “a whole host of things,” such as blood flow and muscle control, all of which could be affected by a sudden increase in caffeine levels.

“People don’t want to overdose [on caffeine] because it’s really unpleasant,” he said. “It really isn’t that much of a problem with coffee because it’s introduced to a society that knows how to use caffeine responsibly. The daily coffee drinker might get a little buzz [from an energy drink], but for a minor, one could be a huge overdose.” 

This isn’t the first time the Maine House of Representatives has considered regulating energy drinks. Pendleton said she “borrowed” the language of LD-17 – which recommends a fine of $500 for repeat offenders – from a similar bill that was defeated in the last legislative session.

“The bill was put forward at the very end, it really never got out of a committee,” Pendleton said of LD-17’s predecessor. “It was so silently passed on.”

Although LD-17 has been forwarded to the Health and Human Services committee, Pendleton is the first to admit it isn’t perfect. She is already considering amendments to include the sale of energy “shots,” as LD-17 would currently only affect energy drinks containing eight fluid ounces. Some of the energy “shots,” which range from two to three fluid ounces, contain up to three times the amount of “energy blend” as recommended caffeine levels – 80 milligrams per eight fluid ounces – referenced in LD-17.

“I think it’s useless if we don’t include [energy drink shots],” Pendleton said.

Living Essentials, LLC, Communications Director Carl Sperber – distributors of the two-ounce “5-hour Energy” drink – said Pendleton may want to consider limiting other sources of caffeine accessible to minors.

“Prohibiting [energy drink shots] is fine as long as it’s also enforced for coffee and soda,” he said.

Other amendments to LD-17 could include a possession clause, but Pendleton said making it illegal for minors to carry energy drinks could raise enforcement issues.

“I imagine we’d handle it like other laws relating to minors like cigarettes and alcohol,” Kennebunkport Police Chief Joseph Bruni said. “Most of that type of enforcement is about officers being perceptive. Usually when a minor has something [illegal] they’re not interested in being too discrete about it.”

Prohibiting the sale of energy drinks to minors could also effect how available they are in stores. Ernie Livingston, a manager at Cape Elizabeth’s IGA supermarket, said the store would most likely stop selling it’s four different brands of energy drinks entirely.

“We don’t sell cigarettes any more, so that could happen,” he said. “It wouldn’t be the end of the world.”

Pendleton said LD-17 may also include regulations for alcoholic energy drinks, an issue already being addressed by the Maine Attorney General’s office. Special Assistant Attorney General Jessica Maurer said Maine and other states have spent the past two years trying to “eradicate” alcoholic energy drinks by enforcing consumer protection laws.

“[Distributors] are intentionally adding caffeine and marketing [alcoholic energy drinks] in such a way that tells consumers they’re able to stay awake and drink more,” Maurer said. “Caffeine does not lessen the effect of alcohol. You cannot drink this product and act normally, it’s deceptive to consumers.”

Bruni said drunk drivers more commonly admitted to combining energy drinks with alcohol than drinking pre-mixed alcoholic energy drinks.

“It usually comes out later in the investigation,” he said. 

Maurer said she recently took part in convincing the Budweiser, Miller and Coors Brewing companies to reformulate three nationally distributed alcoholic energy drinks – “Extra,” “Tilt” and “Sparks” – and there is only one flavored malt beverage containing high amounts of caffeine currently available in Maine – “Wide-Eye,” a flavored caffeinated schnapps. 

“We’re luckier than some states,” she said. 

The Maine Attorney General isn’t the only one concerned about energy drink consumers rights; in September, Griffiths partnered with other John Hopkins professors to draft a letter to the Food and Drug Administration [FDA] recommending the regulation of ingredient labels on energy drinks. He said many energy drink ingredient labels do not list a specific amount of caffeine in the drink but rather an “energy blend.” The energy blend in “5-Hour Energy” includes Taurine, Glucuronolactone, Malic Acid, and four other ingredients in addition to caffeine.

“The FDA has specific regulations about over the counter products with high amounts of caffeine like No-Doze or Vibrant, but some [energy drinks] are completely unlabelled,” he said. “These energy drinks fall into this grey category by referring to an ‘energy blend,’ which really doesn’t make much sense from a public health standpoint.”

Sperber said consumers who want to know how much caffeine is in their product should read the label.

“We come right out and say it has the same amount of caffeine in a cup of premium coffee,” he said. 

Sperber said the “5-hour Energy” label recommends its users be older than 12, and there was no health problem with users between ages 12 and 18 – consumers LD-17 could prohibit.

“I don’t particularly see an issue, I let my kids have it,” he said. “Sometimes they’re tired and a bottle gives them a little pick-me-up.”

Sperber said the “5-hour Energy” label also warns consumers may experience a “Niacin flush,” regardless of their age.

“Niacin is really just vitamin B3, it’s something your body needs,” he said. “In some people it tends to open the capillaries, make them feel warm and maybe a little itchy. That’s a pretty extreme reaction most people never experience.”

To check on the status of LD-17 visit janus.state.me.us/legis/LawMakerWeb/search.asp.