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Four Loko to address government labeling complaint

October 3, 2011

Less than a year after the famed Four Loko malt liquor drinks were temporarily pulled from Michigan’s shelves, the drink’s manufacturers once again are making changes to their product after coming under fire from the federal government.

Phusion Projects LLC, the company which produces the drink, agreed Monday to change its product’s labeling after the Federal Trade Commission, or FTC, filed a complaint against the company, alleging the drink’s can labeling violated advertising laws.

Officials from the FTC said although the label implies the can contains the alcohol content of one or two beers, the drink actually contains the alcohol content of four to five and “is not safe to drink on a single occasion.”

Michigan became the first state to ban Four Loko last November, after the state’s Liquor Control Commission received multiple reports of the drink’s danger.

A new version without caffeine returned to shelves in March 2011.

Political science and pre-law senior Brennan Cavanagh said he has tried Four Loko in the past and remains slightly wary of the drink’s contents and effects.

“There is kind of a sense of you don’t know what’s really in it,” he said.

“(Improved labeling) would definitely help.”

The commission classifies the consumption of an entire Four Loko as “binge drinking.”

“Deception about alcohol content is dangerous to consumers, and it’s a serious concern for the FTC,” said David Vladeck, director of the agency’s Bureau of Consumer Protection, in a statement.

“Four Loko contains as much alcohol as four or five beers, but it is marketed as a single-serving beverage.”

The new can will compare the alcohol content in the drink to a standard, 12-ounce serving of beer, further adding transparency to the product for consumer use, Phusion said in a statement.

Although the company voluntarily agreed to change its label, it fired back at the FTC’s claims that its packaging is deceptive.

“We don’t believe there were any violations,” the company said in an email Tuesday.

“However, we take legal compliance very seriously, and we share the FTC’s interest in making sure consumers get all the information and tools they need to make smart, informed decisions.”

Rich McCairus, owner of Tom’s Party Store Inc., 2778 E. Grand River Ave., in East Lansing, said he would have to wait and see what changes Four Loko makes to its product’s labels before speculating about the potential for future drink sales.

McCairus added sales of the drink have dropped off quite a bit since the new, uncaffeinated version returned to his store in March.

“It’s not anywhere near what it was (before they removed the caffeine),” he said.

“Any publicity is better than no publicity, but now the sales are (significantly less).”

Chairman of the Michigan Liquor Control Commission Andy Deloney said his agency has plans to continue monitoring the developments in Four Loko’s labeling case.

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“We’re going to be staying on top of the latest trends when it comes to manufacturing,” he said.

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