The U.S. Food and Drug Administration (FDA) is reviewing Senate Majority Leader Chuck Schumer’s (D-N.Y.) concerns about a popular energy drink brand, Prime, and is responding directly to the senator, an FDA official said in a statement Monday night.
“The FDA has received the letter, is reviewing the concerns outlined in the letter, and will respond to the Senator directly,” the statement read.
Schumer called for an investigation into Prime, a beverage brand that makes a caffeinated energy drink as well as a hydration drink without caffeine. Schumer claimed that Prime, founded by YouTube stars Logan Paul and KSI, was marketing the energy drink to children on social media.
Schumer said at a press conference Sunday that his letter to the FDA called for an investigation into Prime for “No. 1, its claims; No. 2, its marketing aimed at kids; and No. 3, its eye-popping caffeine content.”
“One of the summer’s hottest status symbols for kids is not an outfit. It’s not a toy. It’s a beverage. But buyer and parents beware, because it’s a serious health concern for the kids it so feverishly targets,” Schumer said.
“And the problem here is the product has so much caffeine in it that it puts Red Bull to shame. But, unlike Red Bull, it is specifically targeted — the advertising campaign — is targeted at kids under 18,” he continued.
Prime’s energy drink contains 200 milligrams of caffeine per 12 ounces, about the same as two cans of Red Bull. In the statement Monday night, the FDA official gave no indication that the agency was investigating the matter formally. The statement, rather, relayed the standard FDA guidance that says healthy adults generally may consume up to 400 milligrams of caffeine a day without harmful effects.
The statement also indicated that children are discouraged from consuming caffeine.
“Caregivers and families should be aware that there are many different types of products with variable amounts of caffeine available on the market. We encourage caregivers and families to read a product’s label before giving the product to their child,” the FDA official said.
The statement did not address the marketing concerns Schumer raised directly, but said, “In general, the agency monitors the marketplace of FDA-regulated products and takes action as appropriate, including collaborating with the Federal Trade Commission regarding marketing claims.”
In a statement to The Hill in response to Schumer’s letter, Prime representatives said Monday that the energy drink “complied with all FDA guidelines before hitting the market and states clearly on packaging, as well as in marketing materials, that it is an energy drink and is not made for anyone under the age of 18.”
“As a brand, our top priority is consumer safety, so we welcome discussions with the FDA or any other organization regarding suggested industry changes they feel are necessary in order to protect consumers,” they continued.