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Michigan bans alcoholic energy drink Four Loko over labeling and health concerns

Ted S. Warren/AP
Alcoholic energy drinks "Four Loko," left, and "Joose," right, are shown at a press conference, Wednesday, Nov. 10, 2010, at the Capitol in Olympia, Wash. The state Liquor Control Board voted Wednesday to ban alcoholic energy drinks in the state of Washington. Buy this photo

BY ANT MITCHELL
Daily Staff Reporter
Published November 10, 2010

Students looking for a “blackout in a can” may soon have to take their search to Ohio.

The Michigan Liquor Control Commission banned the alcoholic energy drink Four Loko and other alcoholic energy drink brands earlier this week. Manufacturers now have a month to get the drinks off the shelves. Though Four Loko has become a popular beverage choice on campuses nationwide, it garnered much negative attention after nine Central Washington University students were hospitalized last month after consuming the drink.

Sharon Martin, the director of Licensing for the Michigan Liquor Control Commission, said concerns over the beverage stem from two major problems — its misleading label and the opposing effects of mixing stimulant and barbiturate, a depressant.

“I don’t think (if) a law enforcement person or a layman … saw someone walking down the street with one of these products, they would know if it was one that contained alcohol or one that did not,” Martin said.

Martin added that she wouldn’t be surprised to see more states ban the drink in the future. The state of Washington, where the drink first garnered media attention for its health risks, has already followed suit banning the drink.

“There are other states that I see (which) are starting to step forward and are looking at the same course of action that Michigan has,” Martin said. “In fact, a number of universities across the nation have specifically banned the alcohol energy drink from their campuses.”

Mary Jo Desprez, the University’s Alcohol Policy and Community Initiatives Program administrator, said she feels alcoholic energy drinks pose a significant danger to students on campus. She added that the effect of the mixture of caffeine and alcohol can make it difficult for consumers to determine their levels of intoxication.

“I think it removes one of the tools that people use to gauge when they’ve had enough, because it sends the brain that mixed message,” Desprez said.

She said based on student anecdotes with the drink, she believes that students will understand the reasons underlying the ban.

“Most of them have said, ‘I’ve tried it and I wouldn’t try it again’ or I think for most people they see the harm that has happened to their friends,” said Desprez. “They’re actually seeing what’s going on, and that actually has been more powerful than anything else.”

In a statement issued by Phusion Projects — manufacturer of Four Loko — the company expressed its intent to “pursue all legal options and vigorously challenge the Commission’s action as procedurally and substantively deficient well before the ban would go into effect.”

Phusion Projects criticized what it called the commission’s “precipitous and ill-conceived” vote, which was made by three of the five commissioners. The manufacturer added that the ban will be detrimental to many businesses in the state.

Martin said should the ban be challenged, the final verdict will likely depend on the United States Food and Drug Administration’s analysis.

“If they revisit the ban … then the commission can also look to its labeling rules and possibly force the manufacturers to change their packaging and labeling of the product,” she said.

Phusion Projects stated that the amount of alcohol present in Four Loko is comparable to that of some beers and wines and that the caffeine content is similar to that of a tall Starbucks coffee. The statement also addressed Four Loko’s label, saying all “products feature prominent labels that clearly show that the beverages contain alcohol and can only be sold to adults of legal drinking age.”

The statement added that the labeling of Four Loko is no different from that applied to hard liquor containers, saying that “even alcoholic beverages without caffeine come in flavors and brightly colored cans.


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