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10/09/2011

While Fed Legislation Pretty Quiet, FTC Turns Up Volume and Heat on Phusion/Four Loko

As noted last issue, plenty of "concern" about hi-alc, big single-serve FMBs. FTC dropped next shoe just a week later. Signed proposed agreement with Phusion Projects requiring it to run mandated label on its products if can has more than 2.5 typical beers. Also has to sell them exclusively in resealable cans beginning 6 mos after agreement finalized and refrain from "depicting people drinking directly from the container" any pkg that has over 2.5 beers. Previous 4 Loko materials, said FTC, were "deceptive" since they suggested it was safe to consume equivalent of up to 4.7 beers "on a single occasion." Phusion denied charge but signed agreement and touted new resealable can technology that it will have exclusively and which will hit mkt early next yr. Agreement raises much broader question: will FTC target other hi-alc FMBs in big cans (hard to believe it won't) and possibly pull in some hi-alc craft beer containers that exceed that 2.5-beer limit? Also, sure looks like FTC advancing distillers' ball in adopting notion of a standard drink.

Publishing Info

  • Year: 2011
  • Volume: 42
  • Issue #: 19
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