News Room






Caffeinated Alcoholic Beverages

November 19, 2010

MBDA has today written to the PLCB, BLCE and the Office of the State Attorney General, asking the PLCB to seek the assistance of the Attorney General regarding the legality of sales of these products as well as the applicability of the state's consumer protection and unfair trade practices laws. This has been done because while certain of the federal agencies (FDA and TTB) are giving the producers of these products 15 days to come into compliance with federal rules, the Federal Trade Commission (FTC) has issued its own letter to the producers strongly urging them to "take swift and appropriate steps to protect consumers...the very act of offering goods for sale creates an implied representation that the goods are reasonably fit for their intended uses and free of gross safety hazards." The FTC pronouncement gives rise to the question of whether or not retailers who sell these products expose themselves to liability for any harm that could come to a consumer using them. Consequently, MBDA is advising its members to remove these products from inventory and return them to your supplier.

The specific products under scrutiny are: Four Loko from Phusion Projects LLC; Core High Gravity HG Green, Core High Gravity HG Orange, and Lemon Lime Core Spiked from Charge Beverages Corp.; Moonshot from New Century Brewing Co., and Joose and Max from United Brands Co., Inc.

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