FTC Issues Modified Final Order in Four Loko Deceptive Advertising Case

The Federal Trade Commission has approved a modified final order with Phusion Projects, LLC regarding the malt beverage Four Loko. The original 2013 order required Phusion Projects to file applications with the Alcohol and Tobacco Tax and Trade Bureau (TTB) to include an “Alcohol Facts” disclosure panel, using a specified format, on labels of products containing more than 1.2 ounces of pure alcohol and to feature those disclosure panels on its products beginning 90 days after receiving TTB approval. The modified order, necessary due to policy changes at TTB, provides for revised “Alcohol Facts” disclosures that are consistent with TTB’s current guidance. It also eliminates the requirement that certain Phusion products be resealable.