002.23 ENERGY DRINK.
A carbonated or non-carbonated beverage that contains fortified caffeine, guarana, glucuronolactone, taurine, or any other stimulant and is specifically formulated to enhance energy, alertness, or physical performance. The following are not energy drinks for purposes of this chapter: (A) Beverages marketed primarily as sports drinks to increase hydration; (B) Beverages that are medically necessary nutritional products; (C) Beverages that contain milk or milk products, including beverages that contain soy, rice, or similar milk substitutes; (D) Mineral water sold in containers; or (E) Specialty foods that are liquids or that are intended to be added to a liquid to be a substitute in the diet for more commonly used food items.