Ed Markey

Yes. And what is--again, the key here is what is the penalty which a distributor would have because, obviously, they have a lower level of concern about your corporate reputation.

So would each of you agree to remove any references that would be encouraging people to consume at a rapid rate your energy drinks?

So that you can see this not as an isolated instance, but as a pattern of conduct in terms of using children as a way of making these kids think of themselves as 'rockstars for life.'

What is the penalty that they pay if they do market to kids?

I would be encouraging each of our company witnesses when it comes to marketing to children and adolescents not to rely on semantics, but to focus on safety.

Those guidelines should be changed.

The American Beverage Association says that energy drinks should not be marketed as sports drinks. Do you disagree with the American Beverage Association?

OK. Could you divide the question then in terms of----

And I just--I continue to be a little bit dismayed by the willingness of the industry to lump those younger kids in with the older teenagers because that is really where I think the problem is in most people's minds.

That rapid consumption of energy drinks at that level, 20 ounces, is not a good thing to be advocating?

Do you actually know if these third parties market to children or not? Do you have that as information inside of your company?

This is just one of many examples which we found, and we will give all of the examples to you.

I think there is simply no relationship between your marketing and supporting sports and promoting your drinks as being used for those sports.

Well, why don't you just pose the question to them? Ask them what it is, what is your concern?

So do you agree with the NCAA or the National Federation of State High School Associations, who have stated in letters to Senator Durbin and to myself and Senator Blumenthal, advising student athletes to avoid energy drinks or other…

Will you commit to placing a label on your product indicating that the product isn't intended for children under the age of 16?

Will you put in place social media restrictions so that those under 18 aren't bombarded with instructions to rapidly or excessively consume your products?

A 13-year-old and an 18-year-old are just two different species almost in terms of their level of maturity.

It creates a culture that makes it more likely that it is just part of what you should be thinking about doing.

Would your company withdraw distribution of your product by these companies if they did market to children?

As a couple of thousand people die each day from having smoked, the tobacco industry has to find new customers.

It just has to end, and we don't want any more semantical games to be played with regard to this mixed messaging.

You can't preach temperance from a barstool, in other words, you know?

You think that they take into account your guidelines? Do they--do you use your power as the source for this product which they sell to ensure that they follow the guidelines?

So I see no reason why we should not conclude that your company is intentionally promoting its products to children like this in order to make them consumers for life, just like this Facebook promotion says.