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Health Canada mulling classifying energy drinks as drugs

Energy drinks are shown in a store in Montreal on Monday, July 26, 2010. (Paul Chiasson / THE CANADIAN PRESS) Journal voices alarm over teen use of energy drinks.
Energy drinks are shown in a store in Montreal on Monday, July 26, 2010. (Paul Chiasson / THE CANADIAN PRESS)

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Date: Wednesday Sep. 28, 2011 1:37 PM ET

Energy drinks, sold under such brand names as Red Bull, Rock Star and Monster Energy, could soon be sold only at pharmacies, if the recommendations of an expert panel are followed. But the group representing Canada's beverage makers says such a move would be an overreaction.

Health Canada's Expert Panel on Caffeinated Drinks recommends that the drinks no longer be called "energy drinks" but instead be labelled clearly on the front panel as "stimulant drug-containing drinks."

The experts also want the drinks to be classified as Schedule III drugs under the National Association of Pharmacy Regulatory Authorities. They would be sold in much the same way as common painkillers: over the counter, but "under the direct supervision of the pharmacist."

The panel says the new rules would protect the public, by formally signalling that energy drinks "are drug products, not foods."

The report was written in November, 2010, but only recently became available. Health Canada has yet to announce how it will respond to the report's recommendations.

Energy drinks are currently sold everywhere from grocery stores to convenience stores. They are regulated as "natural health products," which allows them to make health claims about their ability to provide a temporary relief from drowsiness.

The drinks are popular among teens and young adults as energy boosters and stimulants. But the drinks have been linked to a number of hospitalizations brought on by heart palpitations and seizures. They've also been linked to strokes and even a few cases of sudden death.

The panel says it reviewed information on dozens of these adverse reactions that have been reported to Health Canada.

The Canadian Beverage Association has reviewed the Expert Panel on Caffeinated Drinks' report, and says while they support regulating the sale of energy drinks, that regulation should be based solely on sound science.

"We assert that the conclusions reached in the Expert Panel Report are based on flawed assessments and assumptions of the data put before the Panel," the beverage group states in a news release issued earlier this week.

"The Panel's recommendations are completely unsubstantiated in science and their conclusions are unreasonable."

The CBA says a separate group of independent experts conducted their own analysis of the adverse reactions reports sent to Health Canada. These experts concluded that drawing a link between the adverse reactions to energy drinks was "unfounded."

The CBA also worries all forms of coffee and tea would fall under the panel's definition of stimulant-containing drinks.

"Given that over 90 per cent of the caffeine in Canadians' diets comes from coffee and tea, it is therefore perplexing that these beverages would not be subject to the same demanding requirements as energy drinks," they state.

If Health Canada adopts the expert panel's recommendations, Canada would be the first country to regulate energy drinks so strictly.

Health Canada currently warns on its website that energy drinks be consumed in moderation. It advises against taking them on an empty stomach and against mixing them with alcohol.

The chair of the expert panel was Dr. Noni MacDonald, a professor of pediatrics at Dalhousie University in Halifax.

Last year, MacDonald co-authored a highly critical editorial in the Canadian Medical Association Journal that accused energy drinks of crossing the line from beverages "to drugs deliveries as tasty syrups."

The editorial authors, who included then-CMAJ editor-in-chief, Dr. Paul Hebert, also wondered why caffeine pills require health warnings guarding against their use in children, yet no such warnings exist on "energy drinks," which can contain twice as much caffeine.

The Canadian Beverage associated responded to that editorial by saying that energy drinks are intended for adults and clearly indicate so on the labels.

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