The issue:

On Thursday, the Food and Drug Administration sent warning letters to four companies, saying that the caffeine added to their malt beverages is an “unsafe food additive” and that further action, including seizure of their products, is possible under federal law.

In its investigation, the FDA concluded that caffeine was not “generally recognized as safe,” which is the technical benchmark for safe food additives.

The FDA is labeling the drinks unsafe because the combination of caffeine and alcohol may “mask some of the sensory cues individuals might normally rely on to determine their level of intoxication.” The Thursday afternoon press release from the regulatory body continues by stating that “peer-reviewed studies suggest that the consumption of beverages containing added caffeine and alcohol is associated with risky behaviors that may lead to hazardous and life-threatening situations.”

Our take:

We find it intriguing that the ruling of the FDA is based on behavior, not chemical safety. The language in the press release suggests that the agency is deeming the drinks unsafe not because they are inherently dangerous when consumed in moderation, but because people consistently use them in unsafe ways.

One can of Four Loko contains the same amount of caffeine as a tall Starbucks coffee and the same amount of alcohol as four beers. Clearly, when more than one can of Four Loko is consumed, this combination is dangerous.

But any substance, used excessively, can be problematic and dangerous—for example, alcohol. Does that mandate that alcohol itself be banned? Should people simply be informed of the risks of Four Loko—as they are for cigarettes—and allowed to carry on as they see fit?

We would also like to point out that, for better or for worse, drinking Four Loko is no different than mixing Red Bull and vodka, both of which are still freely available to anyone over 21.

Moving forward:

We believe that the FDA’s ruling sets an interesting precedent for policies surrounding the consumption of alcohol and energy drinks. Will vodka and Red Bull no longer be a legal combination for service in bars? And while we’re at it, what about rum and Coke?

We believe that Four Loko’s popularity spoke to a culture of binge drinking that will continue to pervade our college experience unless there is a significant culture shift. The problem does not lie with any one drink or combination of drinks; the problem is that we as a society have a desire to drink to the point of blacking out in the first place.

Alcohol-related incidents of dangerous behavior have increased in the past few years at Wash. U. and at college campuses across America. We think that it is foolish to deem this Four Loko’s fault. To ban Four Loko is not to ban the blackout, and calling such a ban effective avoids the real issue.