Attorney-Authored Article Asks, "How Safe are Energy Drinks?" - 2012-01-23

In an article written by attorney Joey Hoflander titled "A Red Bull Instead of a Cigarette," the question is raised whether or not the FDA should regulate energy drinks. Joey joined the firm as an attorney after receiving his J.D. at the Valparaiso University School of Law. He practices in a wide variety of personal injury matters.

The article, which was published in the Winter 2011 edition of the Valparaiso University Law Review, outlines the various ways that caffeine is a drug much like other drugs that have become heavily regulated by the Food and Drug Administration.

"Legislators commonly rely on scientific evidence when determining whether to regulate a product," Joey writes.  "In the case of energy drinks, results of scientific studies conflict, but the safety concern remains. Congress retains the power to amend the FDCA and insert provisions that enable the FDA to regulate heavily caffeinated beverages. Regardless of the political party in power, Congress often responds too late after the harm occurs. Perhaps preemptive regulation is imprudent, but it is worth an attempt. Therefore, an amendment of the FDCA granting the FDA authority to regulate energy drinks would be a step in the right direction." 

During Joey's 3L year as a law student, Joey clerked for the Magistrate Judge Christopher A. Nuechterlein, of the United States District Court for the Northern District of Indiana.  As a clerk for Judge Nuechterlein, Joey authored numerous opinions and orders on a host of issues, while at the same time learning the intricacies of federal court.

Joey also was able to fulfill a summer clerkship with Judge Mark Pfeiffer, of the Missouri Court of Appeals, Western District in 2010. For that clerkship in Kansas City, he performed extensive legal research, authored appellate opinions, and observed oral arguments. 

While at Valparaiso, Joey served as associate editor on the Law Review, and was named the 2010-2011 Editor of the Year. “A Red Bull Instead of a Cigarette: Should the FDA Regulate Energy Drinks” was published in the 45^th Volume of the Review and since its publication, has been a Top-5 download from the Valparaiso University Law Review website.