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S. HRG. 113–331 ENERGY DRINKS: EXPLORING CONCERNS ABOUT MARKETING TO YOUTH HEARING BEFORE THE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION UNITED STATES SENATE ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION JULY 31, 2013 Printed for the use of the Committee on Commerce, Science, and Transportation ( U.S. GOVERNMENT PRINTING OFFICE 88–760 PDF WASHINGTON : 2014 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 09:48 Jul 23, 2014 Jkt 075679 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\GPO\DOCS\88760.TXT JACKIE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION JOHN D. ROCKEFELLER IV, West Virginia, Chairman BARBARA BOXER, California JOHN THUNE, South Dakota, Ranking BILL NELSON, Florida ROGER F. WICKER, Mississippi MARIA CANTWELL, Washington ROY BLUNT, Missouri MARK PRYOR, Arkansas MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota DEAN HELLER, Nevada MARK WARNER, Virginia DAN COATS, Indiana MARK BEGICH, Alaska TIM SCOTT, South Carolina RICHARD BLUMENTHAL, Connecticut TED CRUZ, Texas BRIAN SCHATZ, Hawaii DEB FISCHER, Nebraska MARTIN HEINRICH, New Mexico RON JOHNSON, Wisconsin EDWARD MARKEY, Massachusetts JEFF CHIESA, New Jersey ELLEN L. DONESKI, Staff Director JAMES REID, Deputy Staff Director JOHN WILLIAMS, General Counsel DAVID SCHWIETERT, Republican Staff Director NICK ROSSI, Republican Deputy Staff Director REBECCA SEIDEL, Republican General Counsel and Chief Investigator (II) VerDate Nov 24 2008 09:48 Jul 23, 2014 Jkt 075679 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\GPO\DOCS\88760.TXT JACKIE C O N T E N T S Page Hearing held on July 31, 2013 ............................................................................... 1 Statement of Senator Rockefeller ........................................................................... 1 Statement of Senator Thune ................................................................................... 6 Statement of Senator Blumenthal .......................................................................... 25 Statement of Senator Markey ................................................................................. 26 WITNESSES Hon. Richard Durbin, U.S. Senator from Illionis .................................................. 3 Report dated April 10, 2013 entitled ’’What’s all the Buzz about’’ written by the staff of Congressman Edward J. Markey (D–MA) in coordination with the staff of Senators Richard J. Durbin (D–IL) and Richard Blumenthal (D–CT) ...................................................................................... 8 Marcie Beth Schneider, MD, FAAP, on behalf of the American Academy of Pediatrics .......................................................................................................... 27 Prepared statement .......................................................................................... 29 Jennifer L. Harris, Ph.D., MBA, Senior Research Scientist, Director of Mar- keting Initiatives, Rudd Center for Food Policy & Obesity, Yale University . 45 Prepared statement .......................................................................................... 46 William R. Spencer, M.D., Suffolk County Legislator .......................................... 91 Prepared statement .......................................................................................... 92 Rodney Sacks, Chairman and Chief Executive Officer, Monster Beverage Cor- poration ................................................................................................................. 112 Prepared statement .......................................................................................... 113 Amy Taylor, Vice President and General Manager, Red Bull North America, Inc. ......................................................................................................................... 136 Letter dated July 30, 2013 to Hon. John D. Rockefeller IV and Hon. John R. Thune from Stefan Kozak, Chief Executive Officer, Red Bull North America, Inc. ...................................................................................... 137 Prepared statement .......................................................................................... 141 Janet Weiner, Chief Operations Officer and Chief Financial Officer, Rockstar, Inc. ......................................................................................................................... 144 Prepared statement .......................................................................................... 146 James R. Coughlin, Ph.D., President, Coughlin & Associates ............................. 200 Prepared statement .......................................................................................... 202 Letter dated March 13, 2013 to Hon. Edward Markey from Mark A. Emmert, President, National Collegiate Athletic Association .......................................... 224 Letter dated March 7, 2013 to Hon. Richard J. Durbin, Hon. Richard Blumenthal, and Hon. Edward J. Markey from Robert B. Gardner, Execu- tive Director, National Federation of State High School Associations ............ 226 APPENDIX Fact Sheet from the Council for Responsible Nutrition to the U.S. Senate Committee on Commerce, Science, and Transportation ................................... 239 Recommended Guidelines from the Council for Responsible Nutrition to the U.S. Senate Committee on Commerce, Science, and Transportation .............. 242 Red Bull North America’s Statement Supplementing the Record of the U.S. Senate Committee on Commerce, Science & Transportation’s July 31, 2013 Hearing on Energy Drinks: Exploring Concerns About Marketing to Youth . 244 (III) VerDate Nov 24 2008 09:48 Jul 23, 2014 Jkt 075679 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 S:\GPO\DOCS\88760.TXT JACKIE VerDate Nov 24 2008 09:48 Jul 23, 2014 Jkt 075679 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 S:\GPO\DOCS\88760.TXT JACKIE ENERGY DRINKS: EXPLORING CONCERNS ABOUT MARKETING TO YOUTH WEDNESDAY, JULY 31, 2013 U.S. SENATE, COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, Washington, DC. The Committee met, pursuant to notice, at 2:55 p.m., in Room SR–253, Russell Senate Office Building, Hon. John D. Rockefeller IV, Chairman of the Committee, presiding. OPENING STATEMENT OF HON. JOHN D. ROCKEFELLER IV, U.S. SENATOR FROM WEST VIRGINIA The CHAIRMAN. The Senate is the Senate. The person at the wit- ness table knows that better than anybody. Are you going to do anything with those things? Is that an exhibition, or are you going to show us your—you are? OK. All right. Let me just explain to the witnesses and to the faithful audience. It is hard to get people confirmed around here, and so it always come down to—often comes down to when a single member is missing or not findable that everything stops, and the whole world tries to get that person, find that person. And so, that is the situation we are in now. If she is found and does vote, which I don’t think will be prob- able, then we will—I will have to go back and do another vote, make your life even worse. However, Senator Durbin is here, and Senator Blumenthal is here, and Senator Markey is going to be here. And what I want to do, because those three have been so incredible on this whole sub- ject, they put out a report, the three of them, which is called ‘‘What’s All the Buzz About?’’ And you understand what I mean by ‘‘buzz.’’ I mean this is a different kind of buzz. And they did this some months ago. It is a fabulous report, and it is all about targeting marketing to adolescents of things which should not be targeted or marketed to them. So what I am going to do is make my statement and then listen to my leader, Richard Durbin, who has been working very, very strongly, as I indicated, on this. And then I am going to turn the gavel over to Senator Blumenthal. Not because I want to, but be- cause the thought of him having the gavel, presiding over some- thing in which he and Senator Markey have been so committed and so dedicated for so long is the only proper thing to do. So I will fade into the distance, and you will forget that you ever heard me or saw me. [Laughter.] (1) VerDate Nov 24 2008 09:48 Jul 23, 2014 Jkt 075679 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 S:\GPO\DOCS\88760.TXT JACKIE 2 The CHAIRMAN. So my statement. Today’s hearing is going to look at a product that it has been growing very rapidly in popu- larity in the last few years. It is not the Congress, actually, I am talking about. It is energy drinks, energy drinks. While energy drink companies have aggressively marketed their products on television, social media, and event sponsorship, public health experts have been raising some serious, disturbing questions about these drinks. They are asking whether we should be letting our children drink energy drinks and whether energy drink compa- nies should be able to market their products to children and to teenagers, two fairly basic questions. In the meantime, if you watch TV, you just—every other TV ad is either about a car, which is fine, or about one of these drinks, which is less fine. I think these are important questions, and I am going to be listening to those who are asking some of them. So here are just two facts about energy drinks. As energy drink marketing and sales to children has increased, there has
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