In a column at the end of October, New York Times restaurant critic Frank Bruni looked down his nose at Four Loko, a fruity, bubbly, brightly colored malt beverage with a lower alcohol content than Chardonnay and less caffeine per ounce than Red Bull. "It's a malt liquor in confectionery drag," Bruni wrote, "not only raising questions about the marketing strategy behind it but also serving as the clearest possible reminder that many drinkers aren't seeking any particular culinary or aesthetic enjoyment. They're taking a drug. The more festively it's dressed and the more vacuously it goes down, the better."
Less than two weeks after Bruni panned Four Loko and its déclassé drinkers, he wrote admiringly of the "ambition and thought" reflected in hoity-toity coffee cocktails offered by the Randolph at Broome, a boutique bar in downtown Manhattan. He conceded that "there is a long if not entirely glorious history of caffeine and alcohol joining forces, of whiskey or liqueurs poured into after-dinner coffee by adults looking for the same sort of effect that Four Loko fans seek: an extension of the night without a surrender of the buzz."
Like Bruni's distaste for Four Loko, the moral panic that led the Food and Drug Administration (FDA) to ban the beverage and others like it in November, just two years after it was introduced, cannot be explained in pharmacological terms. As Bruni admitted and as the drink's Chicago-based manufacturer, Phusion Projects, kept pointing out to no avail, there is nothing new about mixing alcohol with caffeine. What made this particular formulation intolerable—indeed "adulterated," according to the FDA—was not its chemical composition but its class connotations: the wild and crazy name, the garish packaging, the low cost, the eight color-coded flavors, and the drink's popularity among young partiers who see "blackout in a can" as a recommendation. Those attributes made Four Loko offensive to the guardians of public health and morals in a way that Irish coffee, rum and cola, and even Red Bull and vodka never were.
The FDA itself conceded that the combination of alcohol and caffeine, a feature of many drinks that remain legal, was not the real issue. Rather, the agency complained that "the marketing of the caffeinated versions of this class of alcoholic beverage appears to be specifically directed to young adults," who are "especially vulnerable" to "combined ingestion of caffeine and alcohol."
Because Four Loko was presumed to be unacceptably hazardous, the FDA did not feel a need to present much in the way of scientific evidence. A grand total of two studies have found that college students who drink alcoholic beverages containing caffeine (typically bar- or home-mixed cocktails unaffected by the FDA's ban) tend to drink more and are more prone to risky behavior than college students who drink alcohol by itself. Neither study clarified whether the differences were due to the psychoactive effects of caffeine or to the predispositions of hearty partiers attracted to drinks they believe will help keep them going all night. But that distinction did not matter to panic-promoting politicians and their publicists in the press, who breathlessly advertised Four Loko while marveling at its rising popularity.
This dual function of publicity about an officially condemned intoxicant is familiar to anyone who has witnessed or read about previous scare campaigns against stigmatized substances, ranging from absinthe to Salvia divinorum. So is the evidentiary standard employed by Four Loko alarmists: If something bad happens and Four Loko is anywhere in the vicinity, blame Four Loko.
The National Highway Traffic Safety Administration counted 13,800 alcohol-related fatalities in 2008. It did not place crashes involving Four Loko drinkers in a special category. But news organizations around the country, primed to perceive the drink as unusually dangerous, routinely did. Three days before the FDA declared Four Loko illegal, a 14-year-old stole his parents' SUV and crashed it into a guardrail on Interstate 35 in Denton, Texas. His girlfriend, who was not wearing a seat belt, was ejected from the car and killed. Police, who said they found a 12-pack of beer and five cans of Four Loko in the SUV, charged the boy with intoxication manslaughter. Here is how the local Fox station headlined its story: "?'Four Loko' Found in Deadly Teen Crash."
Likewise, college students were getting sick after drinking too much long before Four Loko was introduced in August 2008. According to the federal government's Drug Abuse Warning Network, more than 100,000 18-to-20-year-olds make alcohol-related visits to American emergency rooms every year. Yet 15 students at two colleges who were treated for alcohol poisoning after consuming excessive amounts of Four Loko were repeatedly held up as examples of the drink's unique dangers.
If all alcoholic beverages had to satisfy the reckless college student test, all of them would be banned. In a sense, then, we should be grateful for the government's inconsistency. With Four Loko, as with other taboo tipples (see "Demonized Drinks," page 52) and illegal drugs, there is little logic to the process by which the scapegoat is selected, but there are noticeable patterns. Once an intoxicant has been identified with a disfavored group—in this case, heedless, hedonistic "young adults"—everything about it is viewed in that light. Soon the wildest charges seem plausible: Four Loko is "a recipe for disaster," "a death wish disguised as an energy drink," a "witch's brew" that drives you mad, makes you shoot yourself in the head, and compels you to steal vehicles and crash them into things.
The timeline that follows shows how quickly a legal product can be transformed into contraband once it becomes the target of such over-the-top opprobrium. Although it's too late for Four Loko, lessons gleaned from the story of its demise could help prevent the next panicky prohibition by scaremongers who criminalize first and ask questions later.
June 2008: Anheuser-Busch, under pressure from 11 attorneys general who are investigating the brewing giant for selling the caffeinated malt beverages Tilt and Bud Extra, agrees to decaffeinate the drinks. "Drinking is not a sport, a race, or an endurance test," says New York Attorney General Andrew Cuomo, who will later be elected governor. "Adding alcohol to energy drinks sends exactly the wrong message about responsible drinking, most especially to young people."
August 2008: Phusion Projects, a Chicago company founded in 2005 by three recent graduates of Ohio State University, introduces Four Loko, which has an alcohol content of up to 12 percent (depending on state regulations); comes in brightly colored, 23.5-ounce cans; contains the familiar energy-drink ingredients caffeine, guarana, and taurine; and is eventually available in eight fruity, neon-hued varieties.
September 2008: The Center for Science in the Public Interest (CSPI), a pro-regulation group that is proud of being known as "the food police," sues MillerCoors Brewing Company over its malt beverage Sparks, arguing that the caffeine and guarana in the drink are additives that have not been approved by the FDA. "Mix alcohol and stimulants with a young person's sense of invincibility," says CSPI's George Hacker, "and you have a recipe for disaster. Sparks is a drink designed to mask feelings of drunkenness and to encourage people to keep drinking past the point at which they otherwise would have stopped. The end result is more drunk driving, more injuries, and more sexual assaults."
December 2008: In a deal with 13 attorneys general and the city of San Francisco, Miller-Coors agrees to reformulate Sparks, removing the caffeine, guarana, taurine, and ginseng. Cuomo says caffeinated alcoholic beverages are "fundamentally dangerous and put drinkers of all ages at risk."
July 2009: The Wall Street Journal reports that Cuomo, Connecticut Attorney General Richard Blumenthal (now a U.S. senator), California Attorney General Jerry Brown (now governor), and their counterparts in several other states are investigating Four Loko and Joose, a close competitor. The National Association of Convenience Stores says the two brands are growing fast now that Tilt and Sparks have left the caffeinated malt beverage market.
August 2009: To demonstrate the threat that Four Loko poses to the youth of America, Blumenthal cites an online testimonial from a fan of the drink: "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." The Chicago Tribune cannot locate that particular comment on Phusion Projects' website, but it does find this: "I'm having a weird reaction to Four that makes me want to dance in my bra and panties. Please advise."
September 2009: Eighteen attorneys general ask the FDA to investigate the safety of alcoholic beverages containing caffeine.
November 2009: The FDA sends letters to 27 companies known to sell caffeinated alcoholic beverages, warning them that the combination has never been officially approved and asking them to submit evidence that it is "generally recognized as safe," as required by the Food, Drug, and Cosmetic Act. In addition to Phusion Projects, the recipients include Joose's manufacturer, United Brands; Charge Beverages, which sells similar products; the PINK Spirits Company, which makes caffeinated vodka, rum, gin, whiskey, and sake; and even the Ithaca Beer Company, which at one point made a special-edition stout brewed with coffee. "I continue to be very concerned that these drinks are extremely dangerous," says Illinois Attorney General Lisa Madigan, "especially in the hands of young people."
February 2010: In a feature story carried by several newspapers under headlines such as "Alcopops Only Look Innocent and Can Hook Kids," Kim Hone-McMahan of the Akron Beacon Journal outlines one scenario in which these extremely dangerous drinks might end up in tiny hands: "Intentionally or by accident, a child could grab an alcoholic beverage that looks like an energy drink, and hand it to Mom to pay for at the register. Without taking a closer look at the label, Mom may think it's just another brand of nonalcoholic energy beverage." It does seem like the sort of mistake that Hone-McMahan, who confuses fermented malt beverages with distilled spirits and warns parents about an alcoholic energy drink that was never actually introduced, might make. She explains that the combination of alcohol and caffeine "can confuse the nervous system," producing "wired, wide-awake drunks."
July 12, 2010: Sen. Charles Schumer (D-N.Y.) urges the Federal Trade Commission to investigate Four Loko and products like it. "It is my understanding that caffeine-infused, flavored malt beverages are becoming increasingly popular among teenagers," he writes. "The style and promotion of these products is extremely troubling." Schumer complains that the packaging of Joose and Four Loko is "designed to appear hip with flashy colors and funky designs that could appeal to younger consumers."
July 29, 2010: Schumer, joined by Sens. Dianne Feinstein (D-Calif.), Amy Klobuchar (D-Minn.), and Jeff Merkley (D-Ore.), urges the FDA to complete its investigation. "The FDA needs to determine once and for all if these drinks are safe, and if they're not, they ought to be banned," says Schumer, right before telling the FDA the conclusion it should reach: "Caffeine and alcohol are a dangerous mix, especially for young people."
August 1, 2010: After a crash in St. Petersburg, Florida, that kills four visitors from Orlando, police arrest 20-year-old Demetrius Jordan and charge him with drunk driving and manslaughter. The St. Petersburg Times reports that Jordan, who "had been drinking liquor and a caffeinated alcoholic beverage and smoking marijuana prior to the crash," "may have been going in excess of 80 mph when he crashed into the other vehicle." It notes that a "can of Four Loko was found on the floor of the back seat."
August 5, 2010: In a follow-up story, the St. Petersburg Times reports that "Four Loko, the caffeine-fueled malt liquor that police say Demetrius Jordan downed before he was accused of driving drunk and killing four people, is part of a new breed of beverages stirring controversy across the country." It quotes Bruce Goldberger, a toxicologist at the University of Florida, who declares, "I don't think there's a place for these beverages in the marketplace." The headline: "Alcohol, Caffeine: A Deadly Combo?"
August 12, 2010: The Orlando Sentinel, catching up with the St. Petersburg Times, shows it can quote Goldberger too. "It's a very bad combination having alcohol, plus caffeine, plus the brain of a young person," he says. "It's like a perfect storm." The headline: "Did High-Octane Drink Fuel Deadly Crash?"
September 2010: Peter Mercer, president of Ramapo College in Mahwah, New Jersey, bans Four Loko and other caffeinated malt beverages from campus after several incidents in which a total of 23 students were hospitalized for alcohol poisoning. Just six of the students were drinking Four Loko. Mercer later tells the Associated Press, "There's no redeeming social purpose to be served by having the beverage."
October 9, 2010: In a story about nine gang members who tied up and tortured a gay man after luring him to an abandoned building in the Bronx by telling him they were having a party, the New York Daily News plays up the detail that they "forced him to guzzle four cans" of the Four Loko he had brought with him. "The sodomized man couldn't give police a clear account of what he'd gone through," the paper reports, "possibly because of the Four Loko he was forced to drink."
October 10, 2010: In a follow-up story, the Daily News reports that Four Loko, a "wild drink full of caffeine and booze," "is causing controversy from coast to coast," citing the deadly crash in St. Petersburg.
October 13, 2010: Police in New Port Richey, Florida, arrest Justin Barker, 21, after he breaks into an old woman's home, trashes the place, strips naked, defecates on the floor, and then breaks into another house, where he falls asleep on the couch. Barker says Four Loko made him do it.
October 15, 2010: Calling Four Loko "a quick and intense high that has been dubbed 'blackout in a can,'?" the Passaic County, New Jersey, Herald News notes the Ramapo College ban and quotes Mahwah Police Chief James Batelli. "The bottom line on the product is it gets you very drunk, very quick," he says. "To me, Four Loko is just a dangerous substance." The "blackout in a can" sobriquet, obviously hyperbolic when applied to a beverage that contains less alcohol per container than a bottle of wine, originated with Four Loko fans who considered it high praise; one of their Facebook pages is titled "four lokos are blackouts in a can and the end of my morals."
October 19, 2010: Bruce Goldberger, who co-authored one of the two studies linking caffeinated alcohol to risky behavior, tells the Pittsburgh Post-Gazette "the science is clear that consumption of alcohol with caffeine leads to risky behaviors." Mary Claire O'Brien, the Wake Forest University researcher who co-authored the other study, expresses her anger at the FDA. "I'm mad as a hornet that they didn't do something in the first place," she says, "and I'm mad as a hornet that they haven't done anything yet."
October 20, 2010: Based on a single case of a 19-year-old who came to Temple University Hospital in Philadelphia with chest pains after drinking Four Loko, ABC News warns that the stuff, which contains about one-third as much caffeine per ounce as coffee, can cause fatal heart attacks in perfectly healthy people. "That was the only explanation we had," says the doctor who treated the 19-year-old, before extrapolating further from his sample of one: "This is a dangerous product from what we've seen. It doesn't have to be chronic use. I think it could happen to somebody on a first-time use."
October 25, 2010: Citing the hospitalization of nine Central Washington University students for alcohol poisoning following an October 8 party in Roslyn where they drank Four Loko along with beer, rum, and vodka, Washington Attorney General Rob McKenna calls for a ban on caffeinated malt liquor. "The wide availability of the alcoholic energy drinks means that a single mistake can be deadly," he says. "They're marketed to kids by using fruit flavors that mask the taste of alcohol, and they have such high levels of stimulants that people have no idea how inebriated they really are." McKenna's office cites Ken Briggs, chairman of the university's physical education department, who says Four Loko is known as "liquid cocaine" as well as "blackout in a can," and with good reason, since it is "a binge drinker's dream."
October 26, 2010: McKenna's reaction to college students who drank too much Four Loko, like Peter Mercer's at Ramapo, attracts national attention. A Pennsylvania E.R. doctor quoted by The New York Times calls Four Loko "a recipe for disaster" and "one of the most dangerous new alcohol concoctions I have ever seen."
November 1, 2010: The Pennsylvania Liquor Control Board asks retailers to stop selling Four Loko, which is produced at the former Rolling Rock brewery in Latrobe, because it may "pose a significant threat to the health of all Pennsylvanians." State Rep. Robert Donatucci (D-Philadelphia) says "there is overriding circumstantial evidence that this combination may be very dangerous," and "until we can determine its effect on people and what kind of danger it may present, it should be yanked from the shelves."
November 3, 2010: Two Chicago aldermen propose an ordinance that would ban Four Loko from the city where its manufacturer is based. "I think it is completely irresponsible," says one, "to manufacture and market a product that can make young people so intoxicated so fast."
November 4, 2010: The Michigan Liquor Control Commission bans 55 "alcohol energy drinks," including Four Loko, Joose, a "hard" iced tea that no longer exists, a cola-flavored variety of Jack Daniel's Country Cocktails, and an India pale ale brewed with yerba maté. "With all the things that are happening, it's very alarming," explains commission chairwoman Nida Samona. "It's more serious than any of us ever imagined."
November 8, 2010: Oklahoma's Alcoholic Beverage Laws Enforcement Commission bans Four Loko from the state "in light of the growing scientific evidence against alcohol energy drinks, and the October 8th incident involving Four Loko in Roslyn, Washington."
November 9, 2010: NPR quotes Washington State University student Jarod Franklin as an authority on Four Loko's effects. "We would start to lose those inhibitions," he says, "and then [it would be like], 'How did you get a broken knuckle?' 'Oh, I punched through a three-inch layer of ice [because] you bet me I couldn't.'?"
November 10, 2010: The Washington State Liquor Control Board bans beverages that "combine beer, strong beer, or malt liquor with caffeine, guarana, taurine, or other similar substances." Gov. Christine Gregoire, who recommended the ban, explains her reasoning: "I was particularly concerned that these drinks tend to target young people. Reports of inexperienced or underage drinkers consuming them in reckless amounts have given us cause for concern.…By taking these drinks off the shelves we are saying 'no' to irresponsible drinking and taking steps to prevent incidents like the one that made these college students so ill."
Sen. Schumer urges the New York State Liquor Authority to "immediately ban caffeinated alcoholic beverages." He says drinks like Four Loko "are a toxic, dangerous mix of caffeine and alcohol, and they are spreading like a plague across the country." Schumer claims "studies have shown that caffeinated alcoholic beverages raise unique and disturbing safety concerns, especially for younger drinkers." While they "can be extremely hazardous for teens and adults alike," he says, they "pose a unique danger because they target young people" with their "vibrantly colored aluminum can colors and funky designs."
November 12, 2010: A CBS station in Baltimore reports that two cans of Four Loko caused a 21-year-old Maryland woman to "lose her mind," steal a friend's pickup truck, and crash it into a telephone pole, killing herself.
A CBS station in Philadelphia reports that a middle-aged suburban dad "spiraled into a hallucinogenic frenzy" featuring "nightmarish delusions" after drinking a can and a half of Four Loko. "It was like he was stuck inside a horror movie and he couldn't get out and I couldn't get him out," the man's wife says. "In his mind, he had harmed all of our kids and he had to kill me and kill himself so that we could go to heaven to take care of them. Next thing I know, he was having convulsions [and] making gurgling sounds as if someone were choking him, and then he stopped breathing."
Connecticut Attorney General Blumenthal urges the FDA to "impose a nationwide ban on these dangerous and potentially deadly drinks."
November 14, 2010: Under pressure from Gov. David Paterson and the state liquor authority, Phusion Projects agrees to stop shipping Four Loko to New York. "We have an obligation to keep products that are potentially hazardous off the shelves," says the liquor authority's chairman.
Bruce Goldberger tells the New Haven Register Four Loko is "a very significant problem" for the "instant gratification generation." The kids today, he says, "text, they have iPhones, and they can access the Internet any minute of their life. And now, they can get drunk for literally less than $5, and they can get drunk very rapidly."
November 15, 2010: WBZ, the CBS affiliate in Boston, reports that the Massachusetts Alcoholic Beverages Control Commission plans to ban Four Loko. According to WBZ, commission officials say the drink—a fermented malt beverage with an alcohol content of 12 percent, compared to 40 percent or more for distilled spirits—"is really not a malt liquor, but a much more potent form of hard liquor, like vodka." The commission's chairman explains that the ban is aimed at protecting consumers who cannot read: "We are concerned that people who are drinking these alcoholic beverages are not aware of the ingredients which are contained in them."
The New York Times reports that Four Loko "has been blamed for several deaths over the last several months," including that of a 20-year-old sophomore at Florida State University in Tallahassee who "started playing with a gun and fatally shot himself after drinking several cans of Four Loko over a number of hours." Richard Blumenthal tells the Times "there's just no excuse for the delay in applying standards that clearly should bar this kind of witch's brew." Mary Claire O'Brien argues that Four Loko is guilty until proven innocent: "The addition of the caffeine impairs the ability of the drinker to tell when they're drunk. What is the level at which it becomes dangerous? We don't know that, and until we can figure it out, the answer is that no level is safe."
November 16, 2010: Phusion Projects says it will reformulate Four Loko, removing the caffeine, guarana, and taurine. "We have repeatedly contended—and still believe, as do many people throughout the country—that the combination of alcohol and caffeine is safe," the company's founders say. "We are taking this step after trying—unsuccessfully—to navigate a difficult and politically charged regulatory environment at both the state and federal levels."
The Arizona Republic reports that an "extremely intoxicated" 18-year-old from Mesa crashed her SUV into a tree after "playing 'beer pong' with the controversial caffeinated alcoholic beverage Four Loko." The headline: "Caffeine, Alcohol Drink Tied to Crash."
Reporting on a lawsuit against Phusion Projects by the parents of the FSU student who shot himself after drinking Four Loko, ABC News quotes Schumer, who avers, "It's almost a death wish disguised as an energy drink."
November 17, 2010: The FDA and the Federal Trade Commission send warning letters to Phusion Projects, United Brands, Charge Beverages, and New Century Brewing Company, which makes a caffeinated lager called Moonshot. The agency says their products are "adulterated," and therefore illegal under the Food, Drug, and Cosmetic Act, because they contain an additive, caffeine, that is not generally recognized as safe in this context. But the FDA does not conclude that all beverages combining alcohol and caffeine are inherently unsafe. It focuses on these particular companies because they "seemingly target the young adult user." Federal drug czar Gil Kerlikowske approves the FDA's marketing-based definition of adulteration, saying "these products are designed, branded, and promoted to encourage binge drinking."
NPR correspondent Tovia Smith reports that "many college students say they agree with the FDA that alcoholic energy drinks do result in more risky behavior, like drunk driving or sexual assaults." Smith presents one such student, Ali Burak of Boston College, who says "it seems like every time someone wakes up in the morning and regrets the night before it's usually because they had Four Loko."
November 20, 2010: In a Huffington Post essay, David Katz, director of Yale University's Prevention Research Center, explains why "anyone who is for sanity and safety in marketing" should welcome the FDA's ban. "Combining alcohol and caffeine is—in one word—crazy," he writes. "Don't do it! It has an excellent chance of hurting you, and a fairly good chance of killing you." His evidence: the Maryland car crash in which a woman who had been drinking Four Loko died after colliding with a telephone pole. "It's hard to imagine any argument for such products," Katz concludes. "It's also hard to imagine anyone objecting to a ban of such products."