To confound the issue, some energy products (eg,5-Hour Energy,Monster Energy,Rockstar) are mar-keted as dietary supplements, while others (eg,Red-Bull) are marketed as conventional foods.4,5Althoughthe FDA regulates both dietary supplements and con-ventional foods under the Federal Food, Drug, andCosmetic Act (FFDCA), the requirements for theseproducts are different, including the process for mar-keting and reporting of adverse events post marketing.
This is very interesting that based on the marketing or how a company classifies their product, they can have different rules to follow when regardless the product is intended to be consumed.