From snack time to happy hour: Professors, lawmakers explain rise in nostalgic alcoholic drinks

MORGANTOWN - There has been a rise of childhood-inspired alcoholic beverages on the market, raising questions about statewide alcohol regulations.

These beverages, including Buzzballz, Pop-Tarts, Hard Mountain Dew, SunnyD Vodka Seltzer and Popsicle Hard, are marketed to adults craving nostalgia, according to West Virginia University Professor of Advertising Emily Tanner. Tanner explained that this strategy works due to familiarity and emotional sympathy.

"Familiarity lowers that psychological barrier, right? They don't have to explain the flavor. Like, if you see a Pop-Tart-flavored vodka, you already know what Pop-Tarts taste like," she said. "Nostalgia also transfers positive emotions. So, it's not merely an orange flavor or a canned cocktail, it's an emotional association to childhood simplicity, fun or a particular era, and then it gives adults permission."

She explained how these emotional associations aren't created "from scratch," and it makes advertising for alcohol companies simpler.

"The consumer is already bringing years of memories back to the product, and so it's just a little bit easier for them to make those purchase decisions," she said.

Tanner said that West Virginia has multiple regulations regarding alcohol advertising within West Virginia State Code 60 that requires distributors to have proper licensing, describe the product's content and label health-related claims.

West Virginia Code (§60-2-15) prohibits advertising of alcoholic liquors that "induce minors to purchase," however it is not considered unlawful for whimsical flavors to be used, Tanner said.

"It's definitely a gray area," Tanner said. "There has to be some conversation between the public, with regulators, as well as the companies themselves. They need to think about the unintended consequences beyond 'Hey, I'm just following the law.'"

House Bill 5437, also known as the "Vape Safety Act," was passed March 13 during the 2026 Legislative Session to control the licenses of vape and smoke shops through the West Virginia Alcohol Beverage Control Administration. Section 16-9H-10 of the West Virginia Code regulates the flavors of vapes and electronic cigarettes from being marketed towards children.

Starting March 1, 2027, vape manufacturers are prohibited to sell e-cigarettes or vapes flavored with "bubblegum," "cotton candy," "gummy worm" or "lollipop." The code also prohibits the usage of superheroes, TV show stars and cartoon characters from being used in advertising.

No brands of cereal, cookies, ice creams or soft drinks, as well as references to school supplies can be used in trade marketing as well.

Tanner said that alcohol and nicotine regulations may differ due to who is sponsoring the bills and which companies are doing the regulating. While alcohol and nicotine both have laws within the state code, alcohol is governed by the Alcohol Beverage Control (ABC), and nicotine is monitored by the Food and Drug Administration (FDA).

David McCormick (R-Monongalia) was the lead sponsor of the bill after a constituent came to him with concerns. After speaking with federal agents, local business owners and the ABC, the little regulations around vaping became apparent.

"They [Vape Shops] were targeting kids," he said. "I have text messages to prove it from local Morgantown vape shops, and they were turned over to the police. Investigations were done, and they were temporarily shut down...I don't know if they were shut down completely, but they removed a bunch of products from their shelves that were illegal."

He said that the bill is strictly "pro-protecting kids," rather than an "anti-business" legislation.

"We're trying to prevent the next generations of drug addicts," he said.

McCormick had no comment on whether he would support or oppose an alcohol-related branding regulation proposal in the next legislative session, and his bill had "nothing to do with alcohol or any intent to go after alcohol."

Tanner said liquor stores and alcohol companies can take preventative measures from marketing to children in their packaging and deliverance.

"Just have a look at the whole picture and really think about where this product is going? Who is going to have access to it? There's other things that we have to think about as a society in terms of how we protect children or adolescents from what they experience when they see that packaging or that they see those products in the store because the thing is, advertisements aren't going to tell the kid to drink, right? But, what the marketing does is create the schema."

Tanner feels that alcoholic products that use nostalgic branding are not wrongful, but more conversation should be done on the "spillover" audience they target, particularly underage college students.

Wes Thomas, alcohol and drug health educator at WellWVU, a comprehensive educational and support program at WVU, also warned that any bright colored drinks and creative flavors will naturally attract a younger audience.

"I think it's best practice for and policy for commercialization of alcohol to target adults who are of legal age in a responsible way," he said. "Anything that veers towards appealing to teenagers or kids and it's alcohol or some other substance with health-related risks, I wouldn't support."

Thomas also noticed the rise in childlike flavors of nicotine products and has concerns that they will encourage younger audiences to start using illegal substances early. He feels that regulating alcoholic products with similar strictness as nicotine products is essential for children's safety, but comes with many obstacles regarding time and opposition from large corporations.

"Recognizing the problem is the first step," he said. "Then, you have to set the policy, get support for the policy, get through all the necessary channels before it's really in place and in effect, and that can just take some time. You're always going to have external efforts to get around that or push against that for companies to make money."

He said that to prevent overconsumption of any product, consumers should download a BAC calculator app, drink water while consuming alcohol, avoid drinking games and avoid peer pressure.

"Whether it's one of these nostalgic products, or it's a bottle of liquor or a can of beer, or any given product, I acknowledge that some students are going to make the choice to drink, whether they're of legal age or not," Thomas said. "So, it's my hope that if they make that choice, they do so in a way that isn't to their detriment."