In January of this year, lawmakers in South Carolina introduced an unusual bill: House Bill 4597, which would prohibit businesses from selling energy drinks to minors. Introduced by state Rep. Leon Howard, a Democrat, the bill was crafted in response to the tragic death of 16-year-old Davis Cripes, who died of caffeine-induced cardiac arrest in spring 2017.
Cripes’ story is an unusual one. He allegedly drank a coffee from McDonald’s, a Mountain Dew, and a 16-ounce energy drink over a short time span before passing out in art class, and dying merely hours later. Richland County Coroner Gary Watts told the Washington Post, “It’s not the level of caffeine in his system, but the amount of caffeine he took in … in that short period of time affected his heart.”
Now, Cripes’ parents are lobbying the legislature to pass restrictions on energy drink sales.
Although understandable and well-intentioned, the proposed bill is an absurd one, and the wording of it clearly attempts to stir up panic. According to the legislature, “between 2007 and 2011, the estimated number of emergency room visits involving energy drinks doubled from 10,068 visits to 20,783 visits.” But it’s unclear why they’re using those numbers when the Center for Disease Control actually provides data specifically on adolescent emergency room visits––the CDC says that in 2011, about 1,500 teens sought emergency medical care after consuming energy drinks.
But how many teens in South Carolina specifically are going to the ER due to caffeine overdose? Likely very few, so it’s a bit odd to design legislation that addresses a large number of people in order to prevent a relatively rare occurrence. Energy drinks needn’t be villainized––a 12-ounce Red Bull contains about 110 mg of caffeine, similar to the caffeine content in coffee.
Per the wording of their bill, the legislature also seems to believe that “if energy drinks remain unregulated, countless young South Carolinians may become victims of the serious health consequences that may result from their consumption” which seems like a stretch. Given that the Poison Control Center has only reported one single instance of a teen dying from energy drink consumption in the past five years (Cripes), it’s odd to act like it’s an epidemic sweeping the nation.
Plus, who’s to say there’s a cutoff where, upon turning 18, energy drinks are suddenly consumed more responsibly? Glance at any college campus during finals season and you’ll see that the alleged energy drink epidemic is a threat to people all over, regardless of age, especially people in the 18-to-22 camp.
This is really overreach of the nanny state––big government controlling what we can and cannot put in our bodies and making ill-informed policy decisions that restrict individual liberty. The state has no real reason to enact legislation, here. Cripes’ death is tragic, but startling and scary accidents shouldn’t be used as justification for curbing the freedom of thousands and thousands of people. Of course, the proposed consequences for breaking this law are minor––the bill suggests that selling an energy drink would result in a misdemeanor and a $50 fine––but we shouldn’t let lawmakers off the hook.
It’s a shortsighted proposal and we should hope other states don’t take a page out of South Carolina’s book.
Liz Wolfe (@lizzywol) is a contributor to the Washington Examiner’s Beltway Confidential blog. She is managing editor at Young Voices.
