Four Loko

Aaron Salter
The Verdict
11/11/10

Should Massachusetts Ban Four Loko?

Each one of us can readily admit to that crazy experience with alcohol when, while in Vegas for a bachelor party, we awake next to Mike Tyson’s tiger. Actually, that was a scene from the hit blockbuster comedy, The Hangover. My point is that we have all become drunk by beer, wine, vodka, rum, whisky, gin, tequila, or all of the above and behaved regrettably at some point in time. Now, imagine the dangerous combination of being able to lose your inhibition with something that actually tastes good and then not feel the effects of getting tired. Does this magical ambrosia actually exist?

Indeed, it does-and if you missed the bandwagon, the next big drinking hype has been created: caffeinated alcoholic beverages. That’s right. No longer are you required to purchase Red Bull and vodka separately and then mix the two lethal components together. Four Loko, the most popular of these new beverages, packs the punch of six light beers and two to three cups of coffee. Brewed by Phusion Projects LLC, the caffeinated malt beverage appears in a bright and colorful 23.5 oz package (Joe Camel anybody?) and can be purchased at your local liquor store…..but possibly not for long.

As of 11/10/10, the State of Washington joined the ranks of Utah and Michigan as being the third state to ban caffeinated alcoholic beverages in the US after nine Central Washington University students became seriously ill at an off-campus party from drinking Four Loko.

In our state, Harvard and Boston University have advised their students against the hazards associated with drinking caffeinated alcoholic beverages. Currently, the Town of Somerville is also seriously debating whether to ban sale of the item. To top it off, Martha Coakley, the Massachusetts Attorney General announced that her office will investigate “pre-mixed alcoholic energy drinks” because they are believed to be unsafe and improperly marketed to children.

In a November 13th, 2009 press release, The Food and Drug Administration confirmed that it has not officially approved the use of caffeine in alcoholic beverages. Under the Federal Food, Drug, and Cosmetic Act, a substance added intentionally to food (such as caffeine in alcoholic beverages) is deemed “unsafe” and thereby unlawful unless its particular use has been approved by FDA regulation. The substance is subject to a prior sanction, or the substance is Generally Recognized as Safe (GRAS). GRAS requires evidence of the product's safety at the levels used and a basis to conclude that this evidence is generally known and accepted by qualified experts.

Phusion Projects LLC has yet to provide any independent studies that mitigate the suspected health risks of drinking the Four Loko product or better yet even admit to the amount of caffeine in the drink. Phusion does however, on their website, indicate that they “go above and beyond federal and state labeling requirements with multiple labels on all Four products that prominently show that the beverage contains alcohol.”

This however does not negate the fact that you are three times more likely to "binge-drink" while consuming caffeinated alcohol. Studies conducted at the University of Kentucky demonstrated that students who drink caffeinated alcoholic beverages rapidly recover their ability to respond quickly but still made the same number of errors as those who consume decaffeinated alcohol. Also, studies performed at Wake Forest University found that students were more likely to get injured, to get in a car with a drunk driver, or to be involved in nonconsensual sex.

It all boils down to this philosophical question: Is it a valid reason to take away the rights and liberties of everyone just because a few improperly use caffeinated alcoholic beverages? Only when the burden on the majority caused by the minority making the mistakes (i.e hospital expenses due to injuries) outweighs the benefits to the majority from being able to enjoy the caffeinated alcoholic beverages should the government intervene. With cigarettes, people who opt to smoke are able to do so as long as their actions minimally affect others by second hand inhalation. This is why there are laws that ban smoking in restaurants and policies that require smokers to use their cigarettes a particular distance away from public buildings. Until caffeinated alcohol presents itself as more of problem to others, the Massachusetts legislature will be less likely to pass any prohibitions. So in the meantime, drink responsibly.
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