R.I.P Cocaine, says the energy drink's maker

Still, the Las Vegas company is employing a defiant tone and says it will pursue the legal issue surrounding the use of the label "cocaine" while it looks for a new name.

"R.I.P Cocaine energy drink Sept. 2006 - May 2007," is stamped brazenly across the website www.drinkcocaine.com .

Cocaine energy drink, which has been termed as a functional beverage, reflects the faddish and controversial side of the dietary supplement industry - a side from which science and research-based companies seek to separate their reputations.

In April, the FDA issued a final letter to Redux after a series of warnings, stating that the energy beverage is illegally marketed as a street drug alternative and dietary supplement.

"Street drug alternatives, i.e., products that claim to mimic the effects of recreational drugs, are not intended to supplement the diet and, as a result, cannot lawfully be marketed as dietary supplements," states FDA's April 4 warning letter addressed to Redux partner James Kirby.

FDA also finds fault with the company's label claims, which include: a reduction of cholesterol in the blood, helping to prevent hardening of the arteries, protecting nerve fibers as well as alleviating anxiety, depression, and obsessive-compulsive disorders.

"You must immediately correct these violations," states the agency's letter.

"If you do not immediately correct them, you may be subject to enforcement action against you without further notice."

Redux has now issued its own response to FDA's action, with promises that it is not accepting the decision quietly .

"Redux intends to challenge the FDA allegations, but until such time as Redux wins that challenge, Cocaine Energy Drink, which was well on its way to becoming a contender against energy drink goliaths…will not be available for sale in the United States under that name," said Redux in a written statement.

"Instead, Redux will rename its drink, with the new name to be announced in the coming weeks and the newly labeled product available for purchase soon thereafter."

In early December the FDA heard views on how the federal authority should tailor regulations for the functional food and drink category, which has grown in importance and is regarded by some as occupying a grey area between conventional foods and dietary supplements.

One of the major concerns relating to energy drinks in general is the high caffeine content of many brands.

Cocaine contains 32mg of caffeine per ounce.

One serving is 8.4 fl oz.

Redux is not the only company to face controversy or legal action surrounding claims made in the thriving energy drinks market.

Coca-Cola, along with Nestlé, recently launched Enviga - a carbonated, green tea beverage that claims to burn more calories than it provides.

In February, Lawsuits were filed by consumer group Center for Science in the Public Interest (CSPI) against both Coca-Cola and Nestlé for claiming Enviga can help consumers burn off calories.

But the makers of Cocaine maintain their rights have been infringed in an arbitrary manner.

"We tried to contact Yves Saint Laurent to warn them that Opium perfume could be next, but they were too busy enjoying the freedom of expression guaranteed by the U.S. Constitution -- a freedom we here at Redux, sadly, lack," said Kirby as part of Redux's statement.