Sportsmen's Act of 2012 - Resumed

Floor Speech

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Mr. BLUMENTHAL. Mr. President, I am very honored to stand with my distinguished colleague from Illinois on this vitally important issue. I thank him for his leadership, and I am very proud to work with him on a problem that really shows dramatically that neglect and disregard by government regulators and enforcers can have real-life consequences.

The FDA has, very simply, failed to address this issue, and I believe it has failed even to respond to the alarms Senator Durbin and I have sounded on this issue.

Yesterday the New York Times featured an article reporting that the Food and Drug Administration received 13 adverse-event reports of fatalities following the consumption of 5-Hour Energy, which is a highly caffeinated energy shot. But this report is really only the latest of a series of reports that two popular energy drinks--Monster Energy and 5-Hour Energy--have been cited in deaths and injury. These drinks have been cited in reports of dozens of serious adverse events such as heart attacks and convulsions. And these events are not the only concern that has been raised about energy drinks. I will cite a few.

A report by the Substance Abuse and Mental Health Services Administration found that the number of emergency room visits due to energy drinks increased tenfold between 2005 and 2009, from 1,128 to 13,114 visits.

More recently, a study of energy drinks by Consumer Reports found that some energy drinks contain high levels of caffeine--in some cases, twice as much as a cup of coffee.

The Consumer Reports study found that labels of many energy drinks completely failed to disclose how much caffeine is contained, and, even worse, 5 of the 16 drinks Consumer Reports studied contained more than 20 percent more caffeine than what was stated on the label.

These reports are profoundly and deeply troubling, and the FDA--the agency in charge of regulating the safety of these products--needs to determine whether energy drinks are safe and, if necessary, take action about their safety.

Senator Durbin and I have written two letters--one on September 11, the other on October 26 of this year--calling on the agency to take action addressing the rising public health concerns around energy drinks and to protect consumers. Have we heard anything back? Nothing. No response.

In today's letter, we reiterate our request for the FDA to investigate the interactions between caffeine and stimulants in energy drinks, to assess the health risks associated with caffeine consumption by children and adolescents, and to finalize and issue guidance that clearly distinguishes liquid dietary supplements from beverages. This issue is as profoundly and deeply important as the combination of caffeine and alcohol, which Attorneys General addressed during the time I held that job in the State of Connecticut. Alcohol makers, to their credit, did the right thing and addressed it on their own. Here, the industry has failed in that obligation. The FDA has not just an opportunity but an obligation to address this issue.

I also believe the FDA has failed to consider the shifting trends in caffeine consumption more generally and broadly that is shown by the energy drink industry, particularly shifting trends in consumption among adolescents. The industry has marketed relentlessly and repeatedly, which accounts for that dramatic statistic Senator Durbin cited that 30 to 50 percent of adolescents are known and reported to be using these drinks. Marketing and that trend have a clear connection. It is no accident that caffeine consumption and the consumption of these energy drinks is increasing.

But the FDA's determination of safe levels of caffeine seems to be based on what is safe for adult consumption, not adolescent. It does not consider consumption patterns among young people or take into account safe levels of caffeine consumption among children. And these energy drinks are marketed to young people, including children. As an example, although the FDA states that adults can safely consume up to 400 milligrams of caffeine per day, the American Academy of Pediatrics recommends that adolescents consume no more than 100 milligrams per day--less than what is contained in one dose of an energy drink. And Consumer Reports recommends that children consume no more than 45 to 85 milligrams per day, depending on their weight.

I wish to associate myself with the very persuasive and compelling remarks made by Senator Durbin today. Again, his leadership on this issue has been so valuable.

I would close by making this point. There is a lot of rhetoric that is purportedly based on principle and conviction that somehow government rules and consumer protections are a frivolous nuisance or a burden without a benefit or an unwarranted intrusion in the free market. The experience that was dramatically portrayed in the hearing of the Health, Education, Labor, and Pensions Committee today offers a tragic lesson on how compounding pharmacies and the failure of government regulators to act dispositively and promptly led to injuries and deaths across the country.

My colleague Senator Alexander was present and very perceptively asked some of the most pointed questions this morning of the witnesses who came before us from the FDA and other government agencies, including the Massachusetts Board of Pharmacy. That lesson this morning ought to sound an alarm for us here because the New England compounding pharmacy in that instance was a known risk to both Federal and State regulators--the FDA and the Massachusetts Board of Pharmacy--and both failed to take effective action to protect the public.

The FDA in this instance has an obligation to protect the public and take action that will safeguard the health of our children and adolescents--the health of everyone--in light of the potential dangers posed by these energy drinks.

I close by again thanking my colleague from Illinois for being such a strong advocate of consumer interests and health in this area. I hope we will have a meeting soon, as we have requested, so that we can work together to make sure these products are labeled accurately and truthfully, marketed responsibly, and consumed safely.

Mr. President, I yield the floor.

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