A maker of caffeinated alcoholic beverages including such brands as “Four Loko” accused of marketing its products to promote the misuse of alcohol and appeal to underage drinkers has settled a complaint brought by New York Attorney General Eric Schneiderman and joined by 19 other state attorneys general, including Indiana’s Greg Zoeller.
Under the settlement agreement between the AGs and drink maker Phusion Projects LLC, Phusion shall not:
• Promote the misuse of alcohol;
• Promote mixing flavored malt beverages with products containing caffeine;
• Manufacture, market, sell or distribute any caffeinated alcoholic beverages;
• Provide to wholesalers, distributors or retailers promotional materials for caffeinated alcoholic beverages or materials that promote mixing flavored malt beverages with products containing caffeine;
• Sell, offer for sale, distribute or promote alcoholic products to underage persons;
• Hire underage persons to promote alcoholic products;
• Hire models or actors for its promotional materials who are under the age of 25 or who appear to be under the age of 21;
• Promote flavored malt beverages on school or college property, except at retail establishments licensed to sell alcoholic products;
• Use names, initials, logos, or mascots of any school, college, university, student organization, sorority, or fraternity in Phusion’s promotional materials for its alcohol products; or
• Distribute, sell, provide, or promote merchandise bearing the brand name or logo of flavored malt beverages to underage persons.
The settlement also includes a payment of $400,000 from Phusion to be shared among the states signing the settlement. Along with Four Loko, Phusion also markets brands such as Four and Four MaXed, according to the settlement.