The five companies include: SPN LLC (dba, Smartpowders) of Graham, NC, Purebulk Inc. of Roseburg, OR, Kreativ Health Inc. (dba, Natural Food Supplements) of Canoga Park, CA, Hard Eight Nutrition LLC of Henderson, NV, and Bridge City LLC of Portland, OR., reports Food Safety News.
CNN News is reporting that according to the FDA’s website, “the companies have 15 days from receipt of the letter to communicate to the agency the specific steps they will take to bring their products into compliance with the law.”
The FDA also states in the letter that the products are adulterated “because they are dietary supplements that present a significant or unreasonable risk of illness or injury under the conditions of use recommended or suggested in the labeling.”
The actions taken so far by the FDA are bothersome for a couple of reasons. The deaths last year of two young men who died from ingesting caffeine powder prompted the FDA to warn consumers about the dangers of caffeine powder. The sad fact is that most people don’t realize just how potent powdered caffeine really is.
We consume caffeine in many food products every day, from sodas to energy drinks, chocolate, medications, coffee and tea. The important thing to remember is that a safe dose, such as from drinking a cup or two of coffee is totally different than taking a teaspoon of caffeine powder. One teaspoon of caffeine powder is the equivalent of drinking 28 cups of coffee, all at once.
On August 5, according to Law360, Democratic Senators called on the FDA to ban the sale of powdered caffeine, calling it a “deadly product” that is still available over the Internet despite a measure in Ohio to ban its sale.
The Senators, Sherrod Brown, D-Ohio Richard Blumenthal, D-Conn., Dick Durbin, D-Ill., Kirsten Gillibrand D-New York, Ed Markey, D-Mass., and Chuck Schumer, D-New York, issued a statement saying: “Despite the calls to action from both Congress and the general public, six months have passed and there has been no discernable action taken by the agency (FDA) to protect individuals from the dangers of powdered caffeine and prevent future overdoses.”
It is interesting that in December of 2014, the FDA said it was considering halting the online sales of powdered caffeine, saying the agency was “looking at our legal options and looking to build a case” against the companies still continuing to sell the products that can’t be accurately measured with common kitchen tools.
So from December to August, all the FDA has seen fit to do is send letters to the distributors of this potent product that will kill you, telling them they have to make some labeling changes. It doesn’t make a whole lot of sense, especially when the agency just a few months ago was looking to halt sales online.
The big problem with this so-called dietary supplement is the difficulty consumers have in measuring the appropriate dose. The FDA points out in the letter that one serving size is a “rounded 1/32 tsp” – an amount impossible to measure in most people’s kitchens. “Even if consumers were to have a 1/32 teaspoon measuring tool, it would still not be adequate to accurately measure a 200 milligram serving because this tool can deliver a different amount depending on how tightly the powder is packed,” the letter wrote.
So it is about time the FDA starts protecting the health and welfare of the public, and instead of writing a letter asking “pretty please,” change your labeling, how about shutting the darned companies down? And as for the “warning letters” sent to the offending companies by the FDA, so what?