Thus, the larger the serving size or RDI, the more likely the liquid energy product is considered to be a conventional food. The estimated average total daily drinking fluid per person is about 1.2 liters. Serving size and RDI – Liquid products that suggest through serving size and/or recommended daily intake (RDI) that they are intended to be consumed in amounts that provide a significant amount of daily drinking fluid are being represented as a conventional food. Conversely, the smaller, resealable bottles are more indicative of a dietary supplement. Thus, by extension of this logic, any flip-top aluminum can, 12-ounce or 16-ounce, is likely to be viewed as a single serving and therefore a conventional food. The guidance states a 12-ounce flip-top aluminum can (often used for sodas) could be considered as intended to be consumed in a single serving and considered a beverage. Product packaging – Packaging characteristics that should be considered are the size, shape, color, design and the material of the container or packaging volume of liquid whether it is reclosable or designed to be consumed in a single serving and similarity to packaging commonly used for beverages. Product name – Names with “beverage,” “drink,” “iced tea” or “coffee” represent the energy drink product as a conventional food. For instance, if the label states “refresh” or “rehydrate,” the product is likely a conventional food because such statements represent the product for use as a conventional food.

Labeling and advertising – FDA considers graphics and statements on the energy drink product’s label, along with advertising, social media and websites.

While beverages are considered conventional foods, dietary supplements are considered neither foods nor beverages. FDA regulates dietary supplements via the Dietary Supplement Health and Education Act of 1994 (DSHEA), an amendment to the FD&C. While no hard-and-fast rule exists, FDA issued guidance to help determine whether a product should be labeled as a “dietary supplement” or “conventional food” as defined by the Federal Food, Drug and Cosmetic Act (FD&C). The implications are important because the regulations differ for these various liquid offerings, which can dictate the ingredients permitted in the product, the product’s labeling and packaging requirements, and the reporting of adverse events.ĭietary supplements and conventional foods are both regulated by FDA via the FD&C. Should they have a Supplement Facts panel or a Nutrition Facts label? Whether these beverage offerings are dietary supplements or conventional foods is often debated. Bang Energy also began offering a 3-ounce carbonated energy shot, and C4 retails a 12-ounce carbonated energy drink option. Liquid energy products come in myriad packages and sizes, including 2-ounce energy shots such as 5 Hour Energy 8-ounce energy beverages such as Redline and 16-ounce energy drinks like Bang Energy, which are usually carbonated.

Redline energy drink warning label