Four Loko - Restrictions On Sale

Restrictions On Sale

In 2009, a group of US state attorneys general began active investigations of companies which produced and sold caffeinated alcohol beverages, on the grounds that they were being inappropriately marketed to a teenage audience and that they had possible health risks (blackouts). The attorneys general were also concerned that these drinks could pose health risks by masking feelings of intoxication. In December 2008, Anheuser-Busch, manufacturer of Tilt and Bud Extra, as well as MillerCoors, manufacturer of Sparks agreed to reformulate their drinks. In 2009, smaller companies such as Phusion fell under investigation because of their rise in market share.

The drink came under major fire in 2010, as colleges and universities across the United States began to see injuries and blackouts related to the drink's use. The University of Rhode Island banned this product from their campus on November 5, 2010. The state of Washington banned Four Loko after nine university students aged 17 to 19 from Central Washington University in Ellensburg, Washington became ill at a house party in Roslyn, Washington. The university students were hospitalized and one university student, with a blood alcohol level of .30%, almost died, according to CWU President James L. Gaudino.

In October 2010, following the hospitalization of seventeen students and six visitors, Ramapo College of New Jersey banned the possession and consumption of Four Loko on its campus. As a result, Worcester State University stopped the sale of all energy drinks, and they as well as Boston College have informed their students of the risks involved in consuming Four beverages. By November 2010 dozens of other colleges and universities sent out notices informing their students to avoid the drink, while several more have placed outright bans on their campuses.

Other efforts to control the statewide use of Four have been under way. The Daily Collegian, Penn State's student newspaper reported that on November 1 the Pennsylvania Liquor Control Board sent letters to all liquor stores urging distributors to discontinue the sale of the drink. The PLCB also sent letters to all Colleges and Universities warning them of the dangers of the drink. While the board has stopped short of a ban, it has asked retailers to stop selling the drink until U.S. Food and Drug Administration (FDA) findings prove they are safe. Pennsylvania State Representative Vanessa Lowery Brown, however, seeks to introduce legislation to ban alcoholic energy drinks in the state.

Several stores, including Tops Markets, Price Chopper and Wegmans have voluntarily pulled the product from their shelves. Shortly after these stores did so, former Governor of New York David Paterson announced that Phusion was withdrawing the beverage from the state of New York as of November 19, 2010.

On November 20, 2010, Oregon Liquor Control Commission's five citizen commissioners held an emergency meeting resulting in a 4-1 vote on the ban. The ban became effective immediately and was in effect until May 18, 2011. The ban required businesses to cease the sale of alcoholic energy drinks and pull existing items off the shelf, immediately. The sale of the restricted products during this period carried a penalty of 30 day suspension of liquor license.

Utah, which has a state-run alcoholic beverage distribution system, never allowed alcoholic energy drinks to go on sale there. Michigan and Oklahoma have voted to ban the sale of alcohol energy drinks over health and safety concerns. Additionally, the Washington State Liquor Control Board voted to ban the sale of alcoholic energy drinks, which went into effect on November 18, 2010. The vote came as a result of the incident at Central Washington University. The New York State Liquor Authority has also banned their sale and distribution as of November 19, 2010. New York state senator Chuck Schumer and New York City councilman James Sanders Jr. have approached the Obama administration to ban Four Loko across the state of New York.