However, despite the high-caffeinated energy portion of the drink being left behind, the drink becomes a pure malt liquor, “a very high-alcohol beer” according to Consumer reports adviser Dr. Orly Avitzur.
With Washington being only the second state to fully ban the drink, three other states, New York, Michigan, and Oklahoma, have taken steps to remove it from their own shelves. New York senator Schumer stated that the FDA is actually prepared to ban caffeinated alcohol drinks for good, after an investigation that began last year.
Phusion Products said in a statement, “We have repeatedly contended — and still believe, as do many people throughout the country — that the combination of alcohol and caffeine is safe. If it were unsafe, popular drinks like rum and colas or Irish coffees that have been consumed safely and responsibly for years would face the same scrutiny that our products have recently faced.”
UPDATE: The FDA just recently issued warning letters to the makers of Four Loko, Joose, Moonshot, and other enrgy drinks, claiming that the companies’ brands pose a “public health concern” and can be seized under federal law.