Four Loko Maker Seeks Dismissal of Suits; Argues Federal Preemption, No Deception

The maker of Four Loko, formerly a caffeinated alcoholic drink, recently sought to dismiss two suits by plaintiffs who consumed the beverage before a reformulation removed the caffeine (Villa v. Phusion Products Inc.; Krzykwa v. Phusion Projects LLC Inc.).

In both suits—one a putative class action in Florida and the other by a man in Texas—Phusion Projects Inc. argued federal law governing alcoholic beverage labeling bars claims that it failed to warn about risks posed by the alcohol and caffeine combination. The company also asserted the plaintiffs’ claims fail under the respective state laws.

Phusion reformulated Four ...