I thought this was a good example of company's who skirt the line between a "dietary supplement" and a conventional food or beverage in their marketing.
Many ingredients that are allowed in dietary supplements are absolutely not allowed as food additives. The reason should be plain enough. People who are buying food should not have to worry about the physiological effects of it that go beyond the normal physiological affects of nutrition.
So, in this case this company called Revolt markets a beverage called "Slowtivate" which is a relaxation drink. The opposite of an energy drink. The drink is marked as a dietary supplement and it contains melatonin. Problem is, they call it a "drink". To the FDA, that makes it a conventional "food or beverage." A drink is a drink. A dietary supplement is a dietary supplement. So the FDA sent a warning letter to Revolt, since their beverage is adulterated, under the law. http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/2011/ucm294506.htm
The use a "supplement facts" panel for their nutrition labeling but that does not cover their asses because they market it as a drink or a beverage.
Now, what I am wondering, is how many energy drinks are doing the same thing? Most of them are just lots of sugar, caffeine, vitamins, and some extracts all of which are fine for food. But I'll bet there are plenty that are doing the same damn kind of thing that slowtivate did. They are sold right alongside sodas in many places. The dietary supplement "beverage" market, to me, is a big problem. Nobody treats a sugary beverage like a supplement.