CHICAGO — Mix
caffeine with malt liquor, add fruity flavors like grape or
orange, and what do you get?
Four Loko and Four Maxed, two beverages made
by a Chicago-based company and aimed squarely at a
twentysomething crowd weaned on energy drinks.
But to several state attorneys general, Four
and beverages of its kind can make drinkers think that
caffeine counteracts intoxication, a potentially dangerous
illusion, particularly for partying college kids.
Attorneys general from up to 25 states
scored a victory in December against caffed-up, high-alcohol
brews when MillerCoors, under pressure from the officials,
agreed to suck the stimulants out of its Sparks beverage, the
market leader. Anheuser-Busch also agreed to do the same with
its Tilt and Bud Extra brews.
Now, the attorneys general are investigating
Chicago-based Phusion Projects and Los Angeles-based United
Brands, respective owners of Four and Joose, the two top
brands in the caffeinated alcohol category since Sparks was
reformulated.
"We are focusing very actively on the
makers of Joose and Four," said Richard Blumenthal,
Connecticut's attorney general and a leader of the legal
officials' campaign against caffeinated alcohol beverages.
Illinois attorney general Lisa Madigan is
"actively investigating Phusion" and remains a part
of the multistate effort, according to spokeswoman Natalie
Bauer. The attorneys general are examining whether the
companies have engaged in misleading marketing.
But United and Phusion appear undaunted.
United didn't return calls for comment, and Chris Hunter of
Phusion Projects, which also does business under Drink Four
Brewing Co., declined to comment beyond saying, "We're
letting our products speak for themselves."
Hunter founded Four a few years ago with
some friends — twentysomethings at the time. They had met at
Ohio State University, according to a November 2007 interview
Hunter gave to the Web site CollegeDrinker.
What set Four apart from other energy brews
is wormwood oil, he said then. It's a key ingredient in
absinthe, a strong, green-hued liquor long believed to cause
hallucinations. A chemical called thujone in wormwood oil has
psychedelic qualities, so federal food regulators allow
wormwood oil as a flavoring only if its thujone has been
extracted. But it's not clear whether Four still contains
wormwood.
Four's primary ingredients are standard for
energy drinks: caffeine, the stimulant guarana and an amino
acid called taurine. The beverages come in different flavors,
and tropical punch Four Loko tastes like carbonated, spiked
fruit punch.
A can of Four doesn't divulge caffeine
levels. Popular energy drinks typically have two to three
times as many milligrams of caffeine per ounce than a can of
cola, though often less caffeine than what is in a cup of
coffee, according to data from the Web site Energy Fiend.
Alcoholic beverages are not supposed to have
more caffeine than the amount found in most colas, according
to the federal Alcohol and Tobacco and Tax and Trade Bureau.
In early 2008, at the request of the attorneys general, that
agency tested Miller's Sparks beverages and found acceptable
levels of caffeine, bureau spokesman Art Resnick said.
"We didn't find a public safety
concern," Resnick said.
As for alcohol, Four packs a punch. Four
Loko, sold in 23.5 ounce cans, has up to 12 percent alcohol by
volume; Four Maxed has 10 percent. Most beer has 4 percent to
5 percent alcohol by volume, and even high-alcohol malt
liquors typically don't go much higher than 8 percent.
The energy malt beverage market is small,
and Four isn't available in Chicago. Phusion pulled the
beverage from the Chicago market eight to 10 months ago
because it wasn't happy with sales in that city, said Rob
Granato, sales vice president at Grant Importing and
Distributing in Broadview, Ill., which was Four's local
distributor.
Still, Phusion has a firm foothold in a
fast-growing industry, and sales appear to be growing,
according to data from Information Resources Inc., which
tracks food and beverage sales at conventional supermarkets
and convenience stores. Four-branded drinks tallied about $11
million in sales during the year ended June 14, according to
IRI, and that doesn't include business at liquor stores.
Four's target market is 21- to 27-year-olds,
Hunter told CollegeDrinker. The college market appears to be
important too. Phusion sent brand managers to college
campuses, Hunter told CollegeDrinker. And one of those brand
managers discovered how popular beer pong, a ping-pong-ball
drinking game, was on campuses at the time. So Four started
sponsoring tournaments affiliated with the World Series of
Beer Pong.
Of course, Four is hardly the only alcohol
or energy-drink company to market to college students. Whether
it's a can of premixed stimulants and alcohol like Four or a
bartender blending vodka and an energy drink, they all have
their critics in the public health community.
Mary Claire O'Brien, a doctor and professor
at Wake Forest University's School of Medicine, is one of
them. O'Brien got interested in caffeinated alcohol after
tending to a nearly comatose college student in a hospital
trauma ward.
The student had been imbibing energy drinks
mixed with booze and told O'Brien the combination allowed
"you to drink more and not pass out, so you can party
longer," she said.
Research on the subject is limited. Still,
last year O'Brien co-published an academic study of more than
4,000 college students, finding that 24 percent of them mixed
energy drinks with alcohol.
The study found significant increases in
drunkenness among consumers of energy-alcohol concoctions and
significantly higher amounts of intoxication-related risky
behavior, including riding in a car driven by a drunk and
taking advantage of someone sexually.
Several state attorneys general,
investigating claims that the drinks were being improperly
marketed, in early 2008 subpoenaed Miller and Anheuser-Busch,
the nation's two largest brewers. Both companies reportedly
complied, and by June 2008 Anheuser agreed to nix
stimulant-laden brews.
Miller initially defended Sparks. But in
December, MillerCoors, which is now based in Chicago, agreed
to reformulate the beverage without stimulants. The attorneys
general would like the makers of Four and Joose to do the
same.
But that may be a tougher task. Caffeinated
malt beverages made up a tiny slice of Miller and
Anheuser-Busch's sales, and both brewers have high public
profiles to worry about. The makers of Joose and Four are
relatively obscure companies with a big stake in caffeinated
alcohol.
"Whether we can stop the manufacturing
of these drinks is a different issue," said Blumenthal,
Connecticut's attorney general. But at a minimum, the states'
top prosecutors are out to stop misleading marketing that
implies consumers can drink a lot of either product and remain
unimpaired, he said.
Blumenthal pointed to the Joose and Four Web
sites as examples of marketing that concerns him. He cited a
photo on Joose's site of a young man pouring two cans of Joose
at once into his mouth. The picture is next to a comment from
"RaeLynn" of Akron, saying, "We drink Joose all
day every day."
Blumenthal also points to a Web missive from
a Four fan in Texas named Tyler: "You just gotta drink it
and drink it and drink it and drink it and not even worry
about it because it's awesome and you're just partying and
having fun and getting wild and drinking it."
That posting no longer appears to be on
Four's Web site, which promotes quotes from satisfied
customers.
The list recently culminated with "Gina
from New York" saying, "I'm having a weird reaction
to Four that makes me want to dance in my bra and panties.
Please advise."