You almost have to read the entire article at the link at the end of the post here to 
really appreciate the entire story. When you look at the comparison of caffeine in other products and the fact that the beer was 5% versus other brands out there that were double, you kind of wonder what sense this makes. Coffee, tea and other items were not touched, so what is with the FDA on this ruling, is it because it is beer?
When you also look at Boston Beer’s Twisted Tea was not touched, this is kind of silly and I think they got a raw deal from the FDA. The article states marketing was directed at adults and not like the Four Loko which contained 12% caffeine, and there are other products out there with caffeine. Here’s a couple other strange FDA interpretations, just for the record, what do you think? Is it time for another Jon Stewart and Steven Colbert rally to restore some sanity with all these weird interpretations we see today?
Cheerios Classified as a “Drug” by the FDA
Antiperspirants are Considered a Drug by the FDA – Recent Study looks at a connection possible between breast and prostate cancer
And if one missed their caffeine and you can’t ingest it, you can shower in it too or get some of these interesting lolly pops <grin>. BD
Caffeine: Shower Shock Caffeinated Body Wash, Javapops
Rhonda Kallman was there back in 1984, helping Jim Koch get Boston Beer off the ground. She was there when it became publicly-traded, and when the Samuel Adams brand became a national powerhouse among craft brewers.
After tasting Boston Beer's success, Kallman was familiar with the potential rewards when she set out to start her own beer company in 2001. Kallman also knew all the hurdles - or at least she thought she did. Landing shelf space at distributors and retailers, here and in other major metro markets. Maintaining quality when the beer is made at an out-of-state brewery, by a separate company. Finding the financial backing to get the products in front of a wide audience.
But Kallman didn't count on what would be her biggest obstacle: The Food and Drug Administration.
Kallman is shutting down New Century Brewing for good this month, and preparing for the next challenge. The decision follows a move last fall by the FDA that essentially banned New Century's Moonshot beer because it contained caffeine.
Both drinks had caffeine. But they were quite different, in meaningful ways. Moonshot, like many pilsner beers, had a 5 percent alcohol content by volume. Four Loko's was closer to 12 percent. Moonshot came in standard 12-ounce bottles, Four Loko in those jumbo 23.5-ounce cans. As far as Kallman sees it, she made every effort to market her beer to adults, while Four Loko was aimed at a younger crowd.
None of that seemed to matter to the FDA when the agency lumped together Four Loko, Moonshot and two other caffeinated drinks in November. All four were determined to be unsafe because straight caffeine was added to them during the manufacturing process (alcoholic beverages containing tea or coffee, including Boston Beer's Twisted Tea, were left untouched).
Some entrepreneurs' dreams die from inadequate financing, commitment or energy. Others are pushed to the side to make room for a new priority. And some dreams, like Rhonda Kallman's, just get ground down by the merciless wheels of a government bureaucracy.
Chesto: FDA sounds last call for beer company - Dedham, Massachusetts - The Dedham Transcript
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