The makers of extra-caffeinated sugar water products like Monster, Rock Star and 5-Hour Energy are having a tough time. After being tied to several deaths and suffering through a few rounds of terrible PR, they’ve decided to shift their strategies by dropping the “dietary supplements” tag and referring to their products by their proper name: beverages. Our question: how did they get away with that for so long?

In calling their products what they so obviously are, the makers of these drinks are also subjecting themselves to new regulations–and avoiding others. They now have to list exactly how much caffeine each can contains, but their spokespeople no longer have to let the FDA know when someone draws a link between the “beverages” and their adverse health effects.

Of course, nothing about the contents of these cans will change. Isn’t it strange how a little bit of labeling can do so much?

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