Submission Number: 00089
Commenter: Barry Stueve
Agency: Federal Trade Commission
Initiative: Proposed Consent Agreement In the Matter of Phusion Projects, LLC; Jaisen Freeman; Christopher Hunter; and Jeffrey Wright; FTC File No. 112 3084
Attachments: No Attachments
We respectfully request that FTC withdraw this agreement based on lack of science, as well as lack of support from the public health community and other industry members, and instead propose a more effective solution to these problems:
1. The apparent endorsement of 2.5 drinks as an acceptable single-serving size drink, ignoring current federal standards for one per day for females, and two per day for males.
2. The lack of scientific evidence that a label listing the number of standard drinks in one container will prevent drinkers from consuming the entire can at one time. Given the target market for these products, it's likely that such labeling will backfire and serve as a marketing tool.
3. The lack of scientific evidence that putting a resealable cap on a single-serving container will effectively discourage drinkers from consuming the entire can at one time. These are not half-gallon containers of milk or juice from which drinkers pour just one glass. These products are sold in convenience store coolers, intended for immediate consumption.
4. This proposed order does nothing to solve the fundamental problem with these products. The sweetened alcoholic beverages with up to 12% alcohol content will still be sold in 23.5 ounce containers.
5. The proposed order does nothing to address the combination of caffeine and alcohol in thes products that alter the consumers' sense of the immediate affect of the alcohol on their physical and mental functioning during consumption and has lead to deaths in the past.
Worse than taking no action at all, with this consent order, the FTC will undermine public safety and health.