Case Study

Valparaiso University Law Review

Volume 45 Number 2 Winter 2011 pp.689-740

A Red Bull Instead of a Cigarette: Should the FDA Regulate Energy Drinks?

Joseph G. Hoflander

Recommended Citation

Joseph G. Hoflander, A Red Bull Instead of a Cigarette: Should the FDA Regulate Energy Drinks?, 45 Val. U. L. Rev. 689 (2011). Available at: http://scholar.valpo.edu/vulr/vol45/iss2/7

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Hoflander: A Red Bull Instead of a Cigarette: Should the FDA Regulate Energy

A RED BULL INSTEAD OF A CIGARETTE: SHOULD THE FDA REGULATE ENERGY DRINKS?

I. INTRODUCTION Law is merely the expression of the will of the strongest for the time being, and therefore laws have no fixity, but shift from generation to generation. —Henry Brooks Adams1 When a new American generation is born, innovation ensues; but, as progress advances, obstacles arise.2 How the public handles these setbacks differentiates the United States from other nations.3 Morals, values, and beliefs transform with each new generation, and the American legal system adapts.4 To illustrate this principle, compare the sentiment Americans expressed toward tobacco usage during the World War I and World War II eras to the modern sentiment.5 Plainly stated, tobacco is no longer fashionable or sexy.6 Scientific evidence relating to the adverse health effects of tobacco usage and expensive anti-tobacco advertising campaigns largely account for the decline in tobacco use.7 Also, with the recent enactment of the Family Smoking Prevention and Tobacco

THE NEW LAWYER’S WIT AND WISDOM: QUOTATIONS ON THE LEGAL PROFESSION, IN BRIEF 256 (Bruce Nash & Allan Zullo eds., 2001). 2 See generally ERIC H. GREENBERG & KARL WEBER,...