Skip to content

Is Four Loko Legal Again? The Truth About the Controversial Drink

3 min read

In November 2010, the U.S. Food and Drug Administration (FDA) issued a warning letter to manufacturers, declaring the combination of alcohol and caffeine in beverages like Four Loko an "unsafe food additive". Following this regulatory action, the original formula was taken off shelves, leading many to believe the product was permanently banned, but today's non-caffeinated Four Loko is legal and widely available.

Quick Summary

The original caffeinated Four Loko was banned in 2010, forcing a reformulation to remove all stimulants. The current version, available in most US states, is a non-caffeinated malt beverage.

Key Points

  • Original Formula Banned: The caffeinated version of Four Loko was banned by the FDA in November 2010 due to health concerns over mixing alcohol with stimulants.

  • Stimulants Removed: In response to the ban, the company voluntarily reformulated its product, removing caffeine, taurine, and guarana from the recipe.

  • New Legal Version: Today, the non-caffeinated Four Loko is completely legal and available in 49 US states.

  • High Alcohol Content Remains: While the stimulants are gone, the current Four Loko still has high alcohol content (ABV varies by state from 8% to 14%).

  • Different Product: The current Four Loko is classified as a flavored malt beverage, not an alcoholic energy drink.

  • Responsible Consumption: Despite the reformulation, it is critical to consume the current product responsibly due to its alcohol content.

In This Article

The Rise and Fall of the Original Caffeinated Four Loko

Four Loko first appeared in the United States around 2005, created by Chicago-based Phusion Projects. It was marketed as a flavored malt beverage with a unique, potent kick. The initial popularity of the drink was due to its combination of high alcohol content and stimulants, which created a sensation among young adults and college students. The original recipe contained alcohol, caffeine, taurine, and guarana, earning it the nickname "blackout in a can". However, this potent mix also quickly led to controversy and public health concerns.

Why the Original Formula Was So Dangerous

The mixture of stimulants and alcohol was a primary cause for concern among health officials. Caffeine, a stimulant, can mask the depressant effects of alcohol, causing individuals to feel less intoxicated than they actually are. This effect was blamed for numerous binge drinking episodes, hospitalizations, and other dangerous behavior, particularly among inexperienced drinkers. This led to a growing public outcry from concerned parents, school officials, and politicians, who argued that the product was irresponsibly marketed and inherently hazardous.

The FDA Intervention and Reformulation

The mounting pressure culminated in a federal crackdown. On November 17, 2010, the FDA issued a clear warning to Phusion Projects and other manufacturers of caffeinated alcoholic beverages. The FDA stated that caffeine was an unsafe food additive in these malt drinks, citing significant public health risks. In response, and to avoid a mandatory federal ban and potential product seizure, Phusion Projects announced it would voluntarily reformulate its products to remove caffeine, guarana, and taurine. This decision effectively killed the original formula that had become both famous and infamous.

The Impact of the Ban

The decision caused a minor frenzy. A black market for the original, caffeinated Four Loko briefly emerged, with collectors and fans hoarding cans of the old formula. After the FDA warning and prior to the company's official reformulation, several states, including Michigan, Washington, Utah, and Oklahoma, had already initiated their own bans on the product.

Today's Legal, Non-Caffeinated Four Loko

With the stimulants removed, Phusion Projects released a reformulated, non-caffeinated version of Four Loko in early 2011. This new product is a flavored malt beverage, comparable to other alcoholic drinks on the market, but without the controversial stimulant combination. The company's official website confirms that the modern Four Loko is not illegal and is widely available throughout the United States.

Old vs. New: A Comparison

To understand the legal difference, it's helpful to see how the formula changed.

Feature Original Four Loko (Pre-2010) Current Four Loko (Post-2011)
Caffeine Included (Unsafe Additive) Removed
Stimulants Taurine, Guarana Removed
ABV Usually 12% Varies by state (8%-14%)
Availability Effectively Banned Legal in 49 US States
Market Position Alcoholic Energy Drink Flavored Malt Beverage

What This Means for Consumers

For consumers, this means that while Four Loko is legal, it is not the same drink that caused such a media firestorm in the late 2000s. The current product does not contain any of the stimulants that contributed to the dangerous masking effect of intoxication. It is important for consumers to recognize that although the stimulants are gone, the product can still contain a significant amount of alcohol, and irresponsible consumption of any alcoholic beverage can have dangerous effects. Phusion Projects continues to encourage responsible consumption of its products. For the official word on their current products and availability, visit the Four Loko FAQ.

Conclusion

So, is Four Loko legal again? The answer is yes, but with a crucial distinction. The original, caffeinated formula is not legally available in the United States and remains banned. However, Phusion Projects successfully reintroduced a new, non-caffeinated version that is perfectly legal to sell and purchase today in almost every state. While the name and distinctive packaging remain, the controversial and dangerous combination of ingredients is a thing of the past. The history of Four Loko serves as a potent reminder of how quickly public health concerns can shape regulatory action and force a complete product overhaul.

Frequently Asked Questions

The original Four Loko, which combined alcohol with stimulants like caffeine and taurine, was banned after the FDA ruled the mix unsafe for consumption. The stimulants were found to mask the feeling of intoxication, leading to risky behavior and binge drinking.

No, the original caffeinated formula is no longer sold in the United States. Following the 2010 FDA action and voluntary reformulation, the company removed all stimulants from the product.

No, today's Four Loko is a different product. It is a flavored malt beverage that contains no caffeine or other stimulants. The alcohol content remains high, but the controversial mix that led to the ban is gone.

The current, non-caffeinated Four Loko is legally available in 49 US states. Specific availability may vary, so it's always best to check with local retailers.

The alcohol by volume (ABV) of today's Four Loko varies by state, typically ranging from 8% to 14%. This can still be a high concentration, so responsible consumption is advised.

The name "Four" originally referred to the four key ingredients: caffeine, taurine, guarana, and alcohol. After the reformulation, the name is mostly a brand legacy, as the stimulants are no longer included.

The removal of stimulants eliminates the masking effect that was linked to binge drinking and other health risks associated with the original formula. This allows drinkers to more accurately gauge their level of intoxication.

References

  1. 1
  2. 2
  3. 3
  4. 4
  5. 5

Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice.