Proposed Consent Agreement In the Matter of Phusion Projects, LLC, Jaisen Freeman, Christopher Hunter, and Jeffrey Wright, FTC File No. 112 3084
I am happy that the FTC has found the product packaging and marketing strategies of Phusion Projects, LLC (maker of Four Loko) to be unfair and deceptive through explicit and implicit association of their 12% abv, 23.5 oz product with single-serve beverages. I am concerned that the proposed settlement would formalize the acceptability of single-serve alcoholic beverages containing up to 2.5 servings of alcohol, while the FTC’s own previous opinion defined a single serving container to be one containing no more than 1.4 standard servings of alcohol. I am also concerned about the proposed language “This can has as much alcohol as 4 ½ regular (12 oz. 5% alcohol) beers.” I believe this statement will draw young people to purchase the beverage instead of deter them from buying it. I ask that you take additional time to research what tactics and messages that will be most appropriate and will produce the desired outcome of this strategy.