# Dispensing "high-caffeine" beverages; Is this an actual law/regulation?

**URL:** <https://boards.straightdope.com/t/dispensing-high-caffeine-beverages-is-this-an-actual-law-regulation/540218>\
**Category:** Factual Questions\
**Created:** [May 21, 2010, 4:17am UTC](https://boards.straightdope.com/t/dispensing-high-caffeine-beverages-is-this-an-actual-law-regulation/540218 "2010-05-21T04:17:53Z")\
**Posts on this page:** 14\
**Page:** 1

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**Author:** ![SleepyDuck](https://avatars.discourse-cdn.com/v4/letter/s/a183cd/32.png) [@SleepyDuck](https://boards.straightdope.com/u/SleepyDuck)\
**Post date:** [May 21, 2010, 4:17am UTC](https://boards.straightdope.com/t/dispensing-high-caffeine-beverages-is-this-an-actual-law-regulation/540218/1 "2010-05-21T04:17:53Z")

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[Here](http://www.cokesolutions.com/lam/browse/ArticleDetail.jsp;jsessionid=98173A7CE6896725645ED8DB501E09B5?contentItemId=m2500724&firstLevelCat=CSBusinessSolutions&categoryId=CSBusinessBuilders&secondLevelCat=CSBusinessBuilders&itemType=article) is a product page for _Full Throttle_ energy drinks, specifically their products designed to be dispensed as a fountain drinks. In their description of _Full Throttle Night_, there is this quote:

> [@](#):
>
> Due to its high caffeine content, Full Throttle Night is only available for fountain dispensers controlled and served by members of the restaurant or bar staff.

Compared to the description of their companion product, _Full Throttle Twisted_:

> [@](#):
>
> Designed for self-service environments, such as convenience stores and quick-service restaurants …

It sounds like there is some law/rule/regulation prohibiting “high caffeine content” beverages being “self-served”.

So, does anyone know whether there is actually some official prohibition such as this, or is this just corporate puffery **(Our product is so energizing, we can only allow professionals to dispense it!!!eleven!)**?

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**Author:** ![TBG](https://avatars.discourse-cdn.com/v4/letter/t/c89c15/32.png) [@TBG](https://boards.straightdope.com/u/TBG)\
**Post date:** [May 21, 2010, 11:17pm UTC](https://boards.straightdope.com/t/dispensing-high-caffeine-beverages-is-this-an-actual-law-regulation/540218/2 "2010-05-21T23:17:41Z")

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WAG, puffery. It’s not like someone couldn’t get the same amount of caffeine as Night by getting a bigger cup (or multiple refills) of Twisted.

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**Author:** ![Squink](https://avatars.discourse-cdn.com/v4/letter/s/b5e925/32.png) [@Squink](https://boards.straightdope.com/u/Squink)\
**Post date:** [May 22, 2010, 12:30am UTC](https://boards.straightdope.com/t/dispensing-high-caffeine-beverages-is-this-an-actual-law-regulation/540218/3 "2010-05-22T00:30:47Z")

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[FDA on caffeine in cola beverages](http://edocket.access.gpo.gov/cfr_2003/aprqtr/21cfr182.1180.htm), from [here](http://www.access.gpo.gov/nara/cfr/waisidx_03/21cfr182_03.html).

> [@](#):
>
> (a) Product. Caffeine.  
> (b) Tolerance. 0.02 percent.  
> (c) Limitations, restrictions, or explanation. This substance is  
> generally recognized as safe when used in cola-type beverages in  
> accordance with good manufacturing practice.

0.02% is 20 mg per 100 ml, or about 70 mg per 12oz can of cola.

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**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\
**Post date:** [May 22, 2010, 12:32am UTC](https://boards.straightdope.com/t/dispensing-high-caffeine-beverages-is-this-an-actual-law-regulation/540218/4 "2010-05-22T00:32:41Z")

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> [@TBG](#):
>
> WAG, puffery. It’s not like someone couldn’t get the same amount of caffeine as Night by getting a bigger cup (or multiple refills) of Twisted.

Why don’t you call or write the company and ask?

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**Author:** ![TBG](https://avatars.discourse-cdn.com/v4/letter/t/c89c15/32.png) [@TBG](https://boards.straightdope.com/u/TBG)\
**Post date:** [May 23, 2010, 2:42am UTC](https://boards.straightdope.com/t/dispensing-high-caffeine-beverages-is-this-an-actual-law-regulation/540218/5 "2010-05-23T02:42:06Z")

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> [@robert\_andrews](#):
>
> Why don’t you call or write the company and ask?

Because I’m not the one who asked the question in the first place ;), and I don’t care that much, I just had a guess and since no one else was speaking up yet, thought I’d throw it out there.

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**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\
**Post date:** [May 23, 2010, 2:53am UTC](https://boards.straightdope.com/t/dispensing-high-caffeine-beverages-is-this-an-actual-law-regulation/540218/6 "2010-05-23T02:53:12Z")

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[Death by Caffeine.](http://www.energyfiend.com/death-by-caffeine)

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**Author:** ![SleepyDuck](https://avatars.discourse-cdn.com/v4/letter/s/a183cd/32.png) [@SleepyDuck](https://boards.straightdope.com/u/SleepyDuck)\
**Post date:** [May 25, 2010, 12:24am UTC](https://boards.straightdope.com/t/dispensing-high-caffeine-beverages-is-this-an-actual-law-regulation/540218/7 "2010-05-25T00:24:19Z")

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> [@TBG](#):
>
> WAG, puffery. It’s not like someone couldn’t get the same amount of caffeine as Night by getting a bigger cup (or multiple refills) of Twisted.

Or just pop a handful of No-Doz, if that’s all you’re after. Seriously though, the puffery thing is my baseline assumption, unless I find out otherwise, and google has not helped yet.

> [@robert\_andrews](#):
>
> Why don’t you call or write the company and ask?

Isn’t that like asking a vacuum cleaner salesman if your carpet looks dirty?

Anyway, I was hoping someone, possibly in the beverage industry, might have some insight in to this, but I’m not losing any sleep over the question. Thanks to all that responded.

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**Author:** ![ajb867](https://avatars.discourse-cdn.com/v4/letter/a/f14d63/32.png) [@ajb867](https://boards.straightdope.com/u/ajb867)\
**Post date:** [May 25, 2010, 2:03am UTC](https://boards.straightdope.com/t/dispensing-high-caffeine-beverages-is-this-an-actual-law-regulation/540218/8 "2010-05-25T02:03:16Z")

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RunnerPat I loved the link you provided. I was actually shocked to see it would take 104 cups of brewed coffee to kill me. I often feel the jitters after drinking 4, 8ounce brewed ups in one go.

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**Author:** ![waterj2](https://avatars.discourse-cdn.com/v4/letter/w/858c86/32.png) [@waterj2](https://boards.straightdope.com/u/waterj2)\
**Post date:** [May 25, 2010, 6:52am UTC](https://boards.straightdope.com/t/dispensing-high-caffeine-beverages-is-this-an-actual-law-regulation/540218/9 "2010-05-25T06:52:52Z")

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> [@runner pat](#):
>
> [Death by Caffeine.](http://www.energyfiend.com/death-by-caffeine)

That site gives [this info](http://www.energyfiend.com/caffeine-content/full-throttle) for Full Throttle. It doesn’t seem to be particularly off-the-chart for caffeine content. But I can’t really find anything comparable that I’ve seen as a fountain beverage, so I can’t really say one way or the other whether there’s a limit that they cross.

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [May 25, 2010, 2:01pm UTC](https://boards.straightdope.com/t/dispensing-high-caffeine-beverages-is-this-an-actual-law-regulation/540218/10 "2010-05-25T14:01:28Z")

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> [@SleepyDuck](#):
>
> I’m not losing any sleep over the question.

So you haven’t tried the product?

😛

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**Author:** ![SleepyDuck](https://avatars.discourse-cdn.com/v4/letter/s/a183cd/32.png) [@SleepyDuck](https://boards.straightdope.com/u/SleepyDuck)\
**Post date:** [May 26, 2010, 2:42am UTC](https://boards.straightdope.com/t/dispensing-high-caffeine-beverages-is-this-an-actual-law-regulation/540218/11 "2010-05-26T02:42:39Z")

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> [@kayaker](#):
>
> So you haven’t tried the product?
> 
> 😛

So you saw what I did there? 🙂

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<div class="post-metadata">

**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [May 26, 2010, 12:24pm UTC](https://boards.straightdope.com/t/dispensing-high-caffeine-beverages-is-this-an-actual-law-regulation/540218/12 "2010-05-26T12:24:19Z")

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> [@SleepyDuck](#):
>
> So you saw what I did there? 🙂

Yep, just trying to keep up!🆒

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**Author:** ![mnemosyne](https://avatars.discourse-cdn.com/v4/letter/m/c4cdca/32.png) [@mnemosyne](https://boards.straightdope.com/u/mnemosyne)\
**Post date:** [May 26, 2010, 5:16pm UTC](https://boards.straightdope.com/t/dispensing-high-caffeine-beverages-is-this-an-actual-law-regulation/540218/13 "2010-05-26T17:16:05Z")

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There is some question about the safety of caffeine in children and teenagers; whether or not it affects their growth and development somehow. I don’t recall any conclusive studies, but with high-caffeine drinks becoming widely available and with many teens drinking this stuff in fairly high numbers (from what I recall hearing/reading in a newspaper, perhaps?), there are more studies being done.

So I suspect that the company may be limiting the dispensing of such beverages to food servers who, presumably, would prevent a 10 year old from drinking 20 portions of the stuff. The fear of bad press if it turns out that caffeine is bad for kids is probably driving this.

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**Author:** ![Satchmo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/satchmo/32/4223_2.png) [@Satchmo](https://boards.straightdope.com/u/Satchmo)\
**Post date:** [May 26, 2010, 6:20pm UTC](https://boards.straightdope.com/t/dispensing-high-caffeine-beverages-is-this-an-actual-law-regulation/540218/14 "2010-05-26T18:20:43Z")

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I checked my drug of choice, (Diet Dr. Pepper) and found out for my weight, I’ll die after drinking 384.53 cans. But, but I’ve already had more than that! :eek:
