Four Loko Class Action Lawsuit

A class action lawsuit has finally been filed against the makers Four Loko, the controversial alcoholic energy drink that was banned and removed from shelves in December 2010.

The Four Loko class action lawsuit accuses Phusion Projects, LLC d/b/a Four Brewing Co. of producing, marketing and selling a product that “causes sickness and alcohol poisoning, and even death,” but of omitting these harmful effects from its advertising and promotions.

According to the Four Loko class action lawsuit documents:

“When consumed, a single 23.5-ounce can of Four Loko can be as potent as drinking six beers and two cups of coffee. Due to this effect, Four Loko has gained significant popularity, particularly with inexperienced users and college-aged students. The fact is, since the caffeine in Four Loko masks the effects of alcohol, it tricks users into believing they can keep drinking well past the point of drunkenness.”

Four Loko came under government scrutiny after it was blamed for an increase in alcohol-related hospitalizations for college students. Numerous state liquor boards have banned the popular beverage, including New York, Utah, Michigan and Oklahoma.

Caffeinated alcoholic beverages hit the news several months ago after several studies suggested that individuals become more intoxicated and engage in riskier behavior when they drink the combination of alcohol and caffeine compared to alcohol alone.

“Caffeine masks the effects of alcohol, tricking users into believing they can keep drinking well past the point of drunkenness, which in turn causes sickness and alcohol poisoning,” says the Phusion class action lawsuit.

In November 2010, the FDA issued warning letters to Phusion Projects and to three other manufacturers of other similar drinks stating the addition of caffeine to their alcoholic beverages has not been approved by the FDA and is an “unsafe food additive.” The other manufacturers that received the warning letters were United Brands (maker of Joose and Max), Charge Beverages (maker of Core High Gravity HG and Lemon Lime Core Spiked) and New Century Brewing (maker of Moonshot).

The FDA-issued letter is technically not a ban, but it’s the first step that direction. All of the companies, including Phusion, promised to remove the caffeine to pre-empt their products being permanently blocked. 

The Four Loko class action lawsuit is brought on behalf of all consumers who purchased Four Loko in the State of Florida during the past four years. It is seeking certification as a class action, restitution of what consumers paid for the product, and other relief.

A copy of the Phusion Four Loko Class Action Lawsuit can be read here.