Valparaiso University Law Review Volume 45 Number 2 Winter 2011 pp.689-740 Winter 2011 A Red Bull Instead of a Cigarette: Should the FDA Regulate Energy Drinks? Joseph G. Hoflander Follow this and additional works at: https://scholar.valpo.edu/vulr Part of the Law Commons 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: https://scholar.valpo.edu/vulr/vol45/iss2/7 This Notes is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Valparaiso University Law Review by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at
[email protected]. 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 1 THE NEW LAWYER’S WIT AND WISDOM: QUOTATIONS ON THE LEGAL PROFESSION, IN BRIEF 256 (Bruce Nash & Allan Zullo eds., 2001).