MLCC Continues to Protect the Health, Safety and Welfare of Michigan Citizens

Contact: Andrea Miller 517-322-5898

Agency: Licensing and Regulatory Affairs

November 30, 2010 - The Michigan Liquor Control Commission (MLCC) is continuing to take a closer look at all products for sale in the State of Michigan, including all packaging and labeling of products with regards to the MLCC Rule 436.1611(1)(d). The MLCC's concerns for the public health and safety have outlined the following recent changes: 

• On September 1, 2010, Michigan was the first state to de-list the Alcohol Infused Whipped Cream product, ("Cream"). De-Listing makes "Cream" no longer for sale in the State of Michigan. The product is 15% alcohol by volume (30 Proof) and the product packaging and container mirrors those of non-alcohol whipped cream and comes in a variety of flavors, including chocolate, raspberry, orange and cherry. 
• November 4, 2010, rescinded the approval of all alcohol energy drinks. Manufacturers of alcohol energy drinks was notified through issuance of a Commission Order dated November 4 of the product ban and was provided 30 days from the date of the Commission Order to remove these products from the State of Michigan. And as a result of that Commission Order, the MLCC addressed enforcement of the Commission Order as follows: 
  • Manufacturers of the malt based alcohol energy drinks identified on the list attached to the Commission Order dated November 4, 2010 must remove said products from the Michigan marketplace by December 3, 2010 at 12:00 A.M. 
  • Michigan Beer and Wine Wholesalers must remove products from retail accounts, both on and off premise, by December 3, 2010 at 12:00 A.M. 
  • Michigan retail accounts, both on and off premise, must cease sales of the aforementioned products by December 3, 2010 at 12:00 A.M. Licensees may submit a claim for recovery for beer taxes paid in accordance with MCL 436.1409

"Due to the potential of improper sale and/or purchase and utilization/consumption of "Cream" and/or alcohol energy drinks by those persons under the age of 21, the MLCC felt that the health and safety of the public was in jeopardy if they remained for sale in the State of Michigan," said Nida Samona, Chairperson of the MLCC. "The Commission believes the packaging of these products is misleading, and the products themselves can pose problems by directly appealing to a younger customer, encouraging excessive consumption, while mixing alcohol with various other chemical and herbal stimulants."

According to the Federal Trade Commission (FTC), "Consumers might mistakenly assume that these beverages are safe because they are widely sold," said David Vladeck, Director of the FTC's Bureau of Consumer Protection. "In fact, there is good reason to believe that these caffeinated alcohol drinks pose significant risks to consumer health and safety. Consumers - particularly young, inexperienced drinkers - may not realize how much alcohol they have consumed because caffeine can mask the sense of intoxication."

The MLCC will be hosting a public hearing at 11:00 a.m. on December 1, 2010 at the General Office Building, 7150 Harris Dr., Dimondale, Michigan 48820. All government and enforcement officials, licensees, and any other persons interested in the operation of the Liquor Control Commission, are welcome to attend.

For more information on this and other significant information, please visit the MLCC website at www.michigan.gov/lcc.