State may restrict sales of Four Loko drink
Brittany Danielson/Daily News correspondent
Massachusetts is on its way to restricting the sale of a heavily caffeinated alcoholic drink called Four Loko if the state Alcoholic Beverages Control Commission approves an emergency regulation Monday.
Four Loko, manufactured by Phusion Products in Chicago, along with similar beverages that combine alcohol and caffeine, has come under increased national scrutiny since college students in Washington State became ill and one Long Island girl died after drinking the beverage with diet pills.
Ryan Maloney, owner of Julio's Liquors in Westborough, said that hype surrounding such products seems to have increased the demand, despite the reported dangers.
``I've had three people come into the store looking for it this morning alone. In bringing attention to the product, you create more demand,'' Maloney said.
But consumers won't find the sweet, juicy beverage in the brightly colored can at Maloney's store.
``We made a conscious decision not to carry it. When it came out we saw it as a gimmick, as something to be used specifically to overindulge.''
Late yesterday, Phusion Products said it will remove the caffeine from its products, pulling the blend off the market just as the Food and Drug Administration is poised to ban it.
Phusion Projects said in a statement posted on its website that the company will remove caffeine and two other ingredients from its products.
The announcement came as the FDA is expected to find as early as today that caffeine is an unsafe food additive to alcoholic drinks. That finding essentially would ban Four Loko and other drinks like it.
The proposed regulation seeks to reclassify drinks like Four Loko as alcoholic rather than malt beverages. That would prevent sales at stores that are licensed to sell only beer and wine. The products would have to be relabeled and repackaged in a resealable container.
Four Loko is currently sold as a malt beverage in a 23.5 ounce can. It contains 12 percent alcohol and as much caffeine as two cups of coffee.
Commission chairwoman Kim Gainsboro said the regulation seeks to protect consumers by informing them about what they are drinking.
``We are obviously aware and have been in touch with our counterparts in other parts of the country trying to be sure that things that are malt beverages are classified as malt beverages and those that do not fit into that category are properly classified,'' she said.
Alcoholic beverages, as opposed to malt beverages, are also taxed at a higher rate. The regulation would significantly increase the price of Four Loko, Gainsboro said, making it less accessible and therefore, less desirable to those who imbibe.
``The can that sells for $2.59 in a package store will no longer be available,'' she said. ``Individuals who are looking not to spend as much on alcoholic beverages will look elsewhere. It will be less attractive to certain types of individuals.''
Rep. Peter Koutoujian, D-Waltham, former head of the joint committee on Public Health said that as a former prosecutor who has dealt often with alcohol abuse, he was concerned about the effect of such beverages.
``I've been contacted by emergency rooms and college campuses. They're very concerned,'' he said. ``These heavily caffeinated beverages present a new problem because the body does not shut down as it becomes increasingly intoxicated, but instead stays alert.''
But Koutoujian said that the regulatory approach of the ABCC as well as increased public education are the correct response to the problems presented by drinks like Four Loko. He said he has no plans to introduce legislation.
``I believe that right now we've got a response at the municipal, state and federal level,'' he said. ``I think the appropriate regulatory agencies are stepping into this.''
Ilene Hefrenning, director of health services at Framingham State University said although there have not been any health or disciplinary incidents on campus related to Four Loko, the faculty is working to educate students about its potential dangers through e-mail campaigns and fliers around campus.
``Four Loko hit everybody's radar about four weeks ago with the media coverage of'' the incidents in Washington, she said. ``We are educating ourselves and trying to get the word out to students that this is a dangerous beverage that they should avoid.''
Bob Anspach, manager of Framingham Liquors, also noticed that the recent media coverage has brought new demand for beverages like Four Loko and Joose, another caffeinated drink that uses malt liquor as its base. As a result, the store brought in all four flavors offered by Four Loko, he said.
Anspach said that repackaging of the product could address the problem, and make it safer for consumers.
``If they take it off the shelves, I'll be just as happy to see it go,'' Anspach said.
But Anspach said that should the regulation be approved, fans of Four Loko would likely stockpile the beverage before the new rules take effect.
``We most likely won't have a can left in the store by Monday,'' he said.
Four states, including Washington, Oklahoma, Michigan and Utah, have banned Four Loko and similar beverages. According to the Associated Press, the FDA may soon notify manufacturers of the drinks that their product is unsafe, effectively banning them from the market.