Four Loko Drink Maker Lands in N.J. Court
3/21/2011
The first New Jersey lawsuit has been filed against the maker of Four Loko, the spiked energy drink that was dubbed a "blackout in a can" after intoxicated college students began showing up in emergency rooms last year. A complaint filed last week against Phusion Projects, the manufacturer, claims the fruity beverage caused permanent heart damage in Michael Mustica, 22, a tire salesman from Knowlton Township in Warren County. "He was a victim of people who tried to make money off a product without worrying about the health consequences," said Andrew D’Arcy, an attorney for Mustica. During a visit to Atlantic City last October, the suit claims, Mustica drank two-and-a-half cans of Four Loko and fell asleep. When he awoke several hours later, his heart was racing and he had trouble breathing, prompting his friends to call an ambulance. Doctors later determined he had heart arrhythmia, "a direct result of consuming Original Four Loko," according to the complaint, filed Wednesday in Superior Court in Atlantic County. The suit also alleges that Phusion Projects "deceitfully packaged" the beverage to target young drinkers, with no warning about the potential health consequences of mixing a depressant like alcohol with a stimulant like caffeine. Each 23.5-ounce can of Four Loko sold in New Jersey contained 12 percent alcohol — the equivalent of six cans of beer — and 135 milligrams of caffeine, about the same as two cups of coffee. Chris Hunter, a spokesman for Phusion, declined to comment on the suit, saying he had not yet seen it. Four Loko was replaced with a caffeine-free version in November, he added, though "we still believe that combining caffeine and alcohol is safe." The drink brewed controversy last fall when two dozen Ramapo College students were hospitalized after consuming the beverage. Ramapo banned the drink, followed by Drew, Rider and Fairleigh Dickinson universities. Several states, including Washington and Michigan, have also banned the drink.Four Loko drink maker lands in N.J. court
Published: Monday, March 21, 2011, 10:00 AM Updated: Monday, March 21, 2011, 10:04 AM
Cans of several varieties of Four Loko, a fruity energy drink that contains alcohol.
