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.