2010-11-18

[DIV28SUPER] Food Ingredients & Packaging > Questions and Answers: Caffeinated Alcoholic Beverages


Alcoholic beverages are now foods

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  1. Under what authority is FDA issuing these Warning Letters?

    FDA is issuing the four Warning Letters under its authority to implement the Federal Food, Drug, and Cosmetic Act (the FFDCA).  Under the FFDCA, a substance added to food (such as caffeine added to an alcoholic beverage) is deemed an "unsafe food additive" and is unlawful unless its particular use has been approved by FDA, is the subject of a prior sanction, or is generally recognized as safe (GRAS).  A food that contains an unsafe food additive is deemed adulterated under Section 402(a)(2) of the FFDCA [21 U.S.C. 342(a)(2)]; adulterated foods are subject to agency enforcement actions, including seizure.

    The FDA has only listed caffeine as GRAS as an ingredient for use in cola-type beverages in concentrations of no greater than 200 parts per million. There is no food additive regulation that permits the addition of caffeine, at any level, to an alcoholic beverage. Based on the information FDA has reviewed, the agency does not consider the use of caffeine in the products listed above to be GRAS.

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