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Phusion, Makers Of Four Loko, Reach Settlement Over Consumer Violations

By Lisa White in News on Mar 25, 2014 6:45PM

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(Four Loko Facebook)
Chicago-based Phusion Projects, LLC or better known as the masterminds behind the beverage Four Loko reached an agreement today to resolve allegations that Phusion was in violation with the marketing and sales of their flavored malt beverages to consumers. The numerous violations include that Phusion allegedly promoted their product to underage persons, promoted dangerous and excessive consumption, failed to disclose the dangers of combining alcoholic beverages with caffeine to consumers and that before 2011 actually manufactured, marketed and sold caffeinated alcoholic beverages that were unsafe. Which they did and it tasted pretty awful (oh dear god, the memories of the watermelon flavor) and generally just made us miss Sparks.

As part of the agreement, Phusion has agreed to discontinue a number of practices related to the sale and promotion of its flavored malt beverages, especially those that were marketed to college students and paired with ads featuring actors who appeared to be underage. If that is the case, who the hell are they going to market to on their Facebook page then? Because it currently looks like Spring Break threw up all over it.

Phusion also cannot promote mixing malt beverages with caffeine products, hire underage persons to promote alcoholic products (um, that seems like a given), hire models or actors for promotional material who are under the age of 25 or appear to be under the age of 21, promote flavored malt beverages on school or college property except at retail locations licensed to sell alcoholic products or use any college name, logos or mascot in any promotions material. All of this seems pretty common sense if you are selling a product that is toeing the line in taste when it comes to the popular college age pastime known as binge drinking.

Phusion must also pay up $400,000 to the City Attorney of San Francisco and the State Attorney General who are signatories to the settlement and promptly remove from its website and social media any postings that depict or condone the misuse of alcohol. Which frankly, if you are drinking Four Loko, you are misusing alcohol. Currently there is a photo on their Facebook of a shirtless man wearing a snake drinking Four Loko, which we're not sure if that falls into a grey area of misuse or not. Regardless, keep on keeping on, party guy.

Meanwhile, Red Bull and vodka continues to be the standard drink that leaves many folks on the bathroom floor feeling like their heart is about to jump out of their chest come 2 a.m. but no one seems to mind that combination. Mainly because Red Bull has been pretty smart not to actively promote the cult favorite cocktail. And who would have thought, the giant energy drink looking can of sugary sweet malt booze would go over so well with the cheap college crowd? We once saw some some friends chase vodka shots with Slimfast at a college party so we know it could always be worse. It just goes back to the fact that if you are drinking in excess make sure to know your liquor and your mixers, be smart and hopefully be able to afford something better than Four Loko or at least go old school with some MD 20/20.