New York restricts Four Loko sale

Following state-wide bans of the alcoholic, high-caffeine-content beverage Four Loko in Michigan, Washington, Oklahoma and Utah, New York's State Liquor Authority (NYSLA) and Four Loko's manufacturer Phusion Projects, LLC have taken steps to reduce the drink's prevalence in the state. Such measures have prompted the manufacturer to remove caffeine from the product.

This development was welcomed by the College and specifically by the Committee on College Life (CCL), which has been "discussing the ‘supply-side' of this issue," according to Dean of the College Christopher Roellke.

Retailers will not be allowed to house Four Loko on their shelves after Friday, Dec. 10, and the drink's maker—Phusion Projects—has agreed to stop its shipment after Friday, Nov. 19. While the sale of Four Loko has been blocked by these regulations, it is not illegal to own the beverage on one's person, so it cannot by fully eradicated. Still, Chairman of the NYSLA Dennis Rosen expresses hope that the agreement will "end the sale of this product in the state."

In an open letter to state authorities, the co-founders and managing directors of Phusion Project LLC, Chris Hunter, Jeff Wright and Jaisen Freeman, recognized the potential harm of the firm's product if consumed without responsibility and staunch adherence by retailers to the legal drinking age. I

In reference to their decision to stop Four Loko's shipment, the founders concluded, "This level of cooperation and responsible corporate citizenship is something we are very proud of and intend to continue. We recognize and embrace our responsibility as an alcoholic beverage company to do all these things and more to ensure our products are marketed, sold and consumed responsibly."

However, the company also points out that it feels state authorities must target all and not just a few firms manufacturing caffeinated alcoholic beverages. "If mixing caffeine and alcohol is the most pressing concern, addressing it would be best accomplished by creating laws that apply to the entire caffeinated alcoholic beverage category—not specific, individual products and not just beers or malt-based products." The firm went as far as to say that other firms might share more responsibility for ensuring safe

drinking habbits, commenting, "This is especially important given that liquor-based beverages have three to four times the alcohol content as products like ours. If product-specific bans remain the preferred course of action, we will protect our rights as a business to the fullest extent of the law," concluded Phusion's letter.

As of Wednesday morning, the Food and Drug Administration (FDA) is expected to provide a statement to conclude its year-long discussion of the legality of mixing caffeine with alcohol in drinks. "We're taking a careful and thorough look at the science and the safety of these products," said spokeswoman for the FDA Beth Martino when asked to comment on the anticipated ruling.

While rumors abound about the FDA's final decision—to be announced on Wednesday—and its implication on drink manufacturers such as Phusion Projects, several food lawyers and ex-FDA officials have stated that they feel the FDA's internal dialogue will likely result in letters of warning sent from the FDA to manufacturers that will address the dangerously-potent nature of their products.

As a result, Phusion preemptively volunteered to remove caffeine, as well as other stimulants, from its products, thus decreasing the potential danger.

"We are taking this step after trying—unsuccessfully—to navigate a difficult and politically-charged regulatory environment at both the state and federal levels," wrote the company in a statement to the press. However, Phusion still contends "that the combination of alcohol and caffeine is safe."

This announcement comes at a time when Vassar has also been engaging in discussions about the alcohol consumption on campus. In reaction to the efforts Vassar has taken towards the education, awareness and promotion of responsible drinking behavior, Roellke hopes that such "positive trends continue and [looks] forward to continuing to work with students to provide safe and fun social activities on campus that are alcohol free." He also took this opportunity to "applaud the educational efforts of Dean of the College administrators, faculty and students themselves in generating awareness—I believe these efforts have contributed to the safer, more responsible decision-making we have observed over the last several weeks."

While referencing how this new ruling will dovetail with CCL's current discussions about students' drinking habits, which centered on ways to design events where students don't feel the need to consume alcohol, Roellke said that the "committee and the College will continue to review alcohol regulations as articulated in the student handbook."

"I do not believe that the current state action on Four Loko will put alcohol ‘on the back burner' as this is a continuous set of discussions," he said, adding "underage drinking, binge drinking, and overall issues of alcohol use and abuse are critical issues on college campuses around the country and Vassar College will continue to do its very best to promote safety and wellness throughout the student body."