In March, the Alcohol and Tobacco Tax and Trade Bureau approved the sale of powdered alcohol products that are to be sold for the first time in the United States, but whether the American public will have access to the products remains an outstanding question. The products will be sold under the brand name Palcohol®, and will be reportedly released in five flavors, including vodka, rum, cosmopolitan, and lemon drop, the last flavor not yet having been approved. The manufacturer of Palcohol estimates that the first powdered alcohol products would be available this summer. This has caused concern among some health providers who have called for greater regulation and oversight over such products, which they contend, could pose new dangers due to their compactness and potential for abuse. However, the concern may be unfounded as various states have already moved to ban the sale of powdered alcohol and a recent study indicates that the American public may support such a ban.
Lack of Regulation
Calling the federal government’s refusal to regulate powdered alcohol, “particularly concerning,” health advocates in the Journal of the American Medical Association (JAMA) point out that the products could pose substantial risks that should be addressed through regulation prior to the products being released in the market. The authors note that while it is too soon to tell how many problems will be caused by powdered alcohol, “the precautionary principle as applied to public health requires that reasonable safety be established prior to the introduction of potentially dangerous products.” Once a product is released into the public and generates revenue, the authors argue, that revenue could be paid to politicians to prevent regulation of the product, which would then make it difficult to limit its use even if later evidence demonstrates that it is harmful.
Health Concerns
The JAMA authors also argue that powdered alcohol carries with it unique dangers of overdose, which differs from traditional alcohol products like beer or wine, which are guaranteed to be consumed at a concentration that is set at the time of packaging. They also claim that the powdered alcohol could be used to “spike” drinks and easily smuggled into places where alcohol is prohibited, such as schools, which could pose difficulties for the individuals in charge of policing alcohol bans in these locations. The authors point out that another area of concern involves individuals bringing the powdered alcohol to bars and restaurants in the attempt to ratchet up the alcohol in their drinks to save money, which could implicate dram shop laws that require such establishments to monitor customer intoxication.
The future manufacturer of Palcohol refutes the health concerns, which it had previously labeled as “fear mongering,” and argues that its product is “safer than liquid alcohol,” and claims that liquid alcohol is actually easier to conceal, to spike drinks, and to binge drink. It also argues that liquid alcohol is much less expensive than powdered alcohol and allows the drinker to get drunk faster, which appeals to under-aged consumers.
Proposed Bans
While it is unclear as to how the products will be used or misused at this early stage, the fight over whether Palcohol will ever make it to store shelves appears to be far from over at both the state and federal levels. U.S. Senator Charles E. Schumer (D-NY), a harsh critic of the product, recently introduced federal legislation to ban the product despite the fact that it had been recently received federal approval. Additionally, state governments are not waiting around to find out how the fight plays out, as many are moving to ban the products. Such states include Ohio, where it was recently announced that Republican Governor John Kasich will be signing the ban into effect soon. Ohio will join 12 other states such as Alaska, Georgia, Washington, Vermont and Louisiana in banning the product. Additionally, states such as Maryland, Minnesota, and South Carolina have enacted temporary bans. However, the governor of Arizona just vetoed legislation that the state’s legislature had passed that banned the products.
Public Opinion
