Phusion Projects, the maker of popular caffeinated alcoholic beverage Four Loko, is removing caffeine, guarana and taurine from all of its products, reports The Washington Post. The article addresses high-profile incidents in which students at two colleges in New Jersey were treated for alcohol poisoning at a hospital emergency room after drinking Four Lokos. Experts claim that due to high levels of both alcohol and caffeine, young consumers, and arguably consumers of all ages, are unable to identify how intoxicated they are. Often referred to by some as “blackout in a can”, drinking one Four Loko reportedly creates the effect of consuming at least several cans of beer and a cup of coffee.
The Federal Trade Commission is expected to notify manufacturers of caffeinated alcoholic beverages that they “are engaged in the potential illegal marketing of unsafe alcoholic drinks.” Some states have already banned Four Loko and many others are considering doing the same, especially after the release of the FDA caffeinated alcoholic beverage warning letter on November 17. The letter states that the agency has warned four companies of the “unsafe food additive” of caffeine in their malt alcoholic beverages and that the seizure of their product is possible under federal law. Warning letters were sent to the companies listed below for the following products:
- Charge Beverages Corp.: Core High Gravity HG, Core High Gravity HG Orange, and Lemon Lime Core Spiked
- New Century Brewing Co., LLC: Moonshot
- Phusion Projects, LLC (doing business as Drink Four Brewing Co.): Four Loko
- United Brands Company Inc.: Joose and Max
Phusion Projects claims that they still believe the combination of alcohol and caffeine is safe and that consumers already drink similar beverages when drinking coffee and cola drinks with alcohol added. Nevertheless, prior to heightened alarm in the last few weeks, Phusion Projects added several warning labels to its cans and even made versions of its products containing a lower alcohol content. The concern by the FDA and government officials appears to be that if the affects of alcohol are masked, the likelihood of risky behavior increases, such as an individual driving while intoxicated or consuming dangerous amounts of alcohol.
At Panish Shea & Boyle LLP, our California product liability attorneys are advocates of consumer rights, protecting those who have suffered from marketing misrepresentation or a defective product. To learn more about how our lawyers can help protect your rights, please call 1-877-800-1700 today for a free consultation.
