The 2010 Bans: State-by-State Breakdown of the Original Formula
During a period of intense public scrutiny in 2010, several states implemented their own bans on the original caffeinated Four Loko formula. These bans were a direct response to a surge of binge drinking incidents, particularly on college campuses, where the mixture of alcohol and stimulants led to dangerous situations. The state-level bans put significant pressure on the manufacturer, Phusion Projects, which ultimately led to a product reformulation. Here is a breakdown of the specific state actions against the original formula:
- Michigan: In November 2010, Michigan's liquor control commission was one of the first to ban the retail sale of all caffeinated alcoholic beverages, citing a public health threat.
- Washington: The state of Washington also banned the drink in November 2010, following an incident where several college students were hospitalized after consuming Four Loko.
- Utah: As a state with its own alcohol control system, Utah had already restricted the sale of alcoholic energy drinks.
- Oklahoma: Following suit with other states, Oklahoma voted to ban the sale of caffeinated alcoholic beverages due to health and safety concerns.
- New York: In late 2010, New York reached an agreement with Phusion Projects to cease shipping the caffeinated products to the state.
- Oregon: The Oregon Liquor Control Commission held an emergency meeting in November 2010 to ban the drink, with the ban lasting several months until the reformulation.
Why the Original Four Loko was Banned: Understanding the Health Concerns
The Dangerous Mix of Alcohol and Caffeine
The primary reason for the bans was the unique and dangerous combination of alcohol and stimulants like caffeine. Alcohol is a depressant, which slows down the central nervous system, while caffeine is a stimulant, which speeds it up. When combined, the stimulating effects of caffeine can mask the sensory cues of alcohol intoxication. This leads drinkers to feel less impaired than they actually are, increasing the likelihood of overconsumption, binge drinking, and engaging in risky behaviors, such as driving under the influence.
Federal Intervention by the FDA
Following the state-level actions, the U.S. Food and Drug Administration (FDA) weighed in. In November 2010, the FDA issued warning letters to four manufacturers of alcoholic energy drinks, including Phusion Projects. The FDA declared that adding caffeine to these malt alcoholic beverages was an “unsafe food additive” and constituted a public health concern. This federal ruling essentially made the original caffeinated formula illegal across the country, not just in specific states.
From Controversy to Reformulation: The Product's Evolution
Under immense pressure from regulators and public health officials, Phusion Projects announced in November 2010 that it would voluntarily remove caffeine, guarana, and taurine from all of its Four-brand beverages.
The New, Caffeine-Free Four Loko
The reformulated, caffeine-free version of Four Loko was reintroduced to the market in January 2011. The company has since adapted its branding, and the current product is legally sold and widely available. The alcohol by volume (ABV) content can vary by state, with different regulations applying across the country.
The Legality of the Current Product
Today, the question of "What state is Four Loko banned in?" is no longer relevant for the current product. According to the company's FAQ, Four Loko is available in 49 states, and its ingredients meet the standard for a premium malt beverage. The key distinction is the absence of the stimulating additives that caused the initial controversy.
Original vs. Reformulated Four Loko
| Feature | Original (Pre-2011) | Current (Post-2011) |
|---|---|---|
| Key Ingredients | Alcohol, caffeine, guarana, taurine | Alcohol, natural flavors (no stimulants) |
| Health Concerns | Masks effects of alcohol, leading to binge drinking and higher risk of harm | Standard risks associated with alcohol consumption |
| Regulatory Status | Banned effectively by state and federal action | Legal and widely available in 49 states |
| Market Availability | Created a temporary black market after the ban | Widespread in the US and other countries |
Conclusion: The End of an Era
The bans placed on the original Four Loko in 2010 mark a significant moment in the history of alcoholic beverage regulation. The public backlash and subsequent state-level restrictions highlighted the dangers of combining high-proof alcohol with stimulants, leading to a nationwide FDA ruling. While the original “blackout in a can” is a relic of the past, the current, reformulated Four Loko continues to be sold. This evolution shows how consumer products can be significantly altered in response to regulatory pressure and public health concerns. The story serves as a cautionary tale about the unpredictable consequences of mixing intoxicating and stimulating substances.
For more context on the ban, read this resource from the American Psychological Association on the issue.
