WV Voluntary Ban on Alcoholic Energy Drinks

The Associated Press

Associated Press - West Virginia is asking retailers to voluntarily stop selling caffeinated energy drinks that contain alcohol.

The state Alcohol Beverage Control Administration said it has the support of the West Virginia Beer Wholesalers' Association, West Virginia Retailers Association and the West Virginia Oil Marketers and Grocers Association.

The action Thursday came a day after the U.S. Food and Drug Administration announced that caffeine-infused alcohol drinks are illegal and should be removed from shelves nationwide.

Washington, Michigan, Utah and Oklahoma have all banned the products in their states. The West Virginia action is voluntary.

"We are looking at this very closely and very seriously to make a determination of what our next steps will be," said spokesman Gary Robinson. "At this moment we're waiting on what the federal government will do."

On Wednesday, the federal agency gave manufacturers 15 days to either remove added caffeine from their drinks or advise the agency in writing of how they plan to change their formulas. The drinks are particularly popular with college students - they're called "blackout in a can" by many - and contain a volatile mix of caffeine and alcohol.

"To be sold, manufacturers are responsible for meeting a legal standard that the ingredient added to the product is generally recognized as safe under its conditions of use," FDA Spokesman Michael Herdon said. "It is FDA's view that that standard has not been met."

This is not the first time the federal agency has taken action on such beverages. In 2008, it asked Anheuser-Busch and MillerCoors to remove their Bud Extra, Tilt and Sparks products, which also had caffeine additives, from the market.