Florida Four Loko Wrongful Death Lawsuit: Fun in the Sun Gone Bad as College Kid Dies

Florida is supposed to be a fun place: here in Miami we take pride in being a favorite vacation destination for young and old alike.

The Unnecessary and Tragic Death of Jason Keiran After Partying With Four Loko (under $3/can)

Which makes the death of 20 year-old college student Jason Keiran all the more tragic: apparently after drinking a lot of an alcoholic product called Four Loko and marketed as a festive beverage to the young and young at heart (read that "partiers"), Mr. Keiran was playing around, put a .22-caliber pistol to his head, and fired. (It's reported that Four Loko had a street nickname of "blackout in a can.")

So sad. So unnecessary.

Jason Keiran died on a day of partying in Tallahassee almost two months ago now. At first, as it should be, the focus of family and friends was on this horrific incident and their loss. Their grief. Saying goodbye.

But justice is patient, and this week, the news focus is moving toward the maker of Four Loko, and how the heck this product contributed to the death of this young man. Where did the system fail Jason and his loved ones?

Jason Keiran bought lots of Four Loko at a Tallahassee store. Witnesses report that Jason was drinking Four Loko all day on the day of his death. Apparently, Jason liked Four Loko: witnesses will testify that he told them that even though it was an alcoholic drink, he "felt fine" because of its caffeine component.

Which is the problem.

Experts have come forward now to explain that when you put big amounts of caffeine together with alcohol, the caffeine blocks the human body's ability to recognize being drunk - the person doesn't realize how soused they are - and the natural inclination to avoid risky behavior is impaired. Hence, the playing around with the pistol that day.

Four Loko itself is supposed to have 12% alcohol content as well as three (3) times the amount of caffeine as a cup of coffee. It's fruit-flavored and sold for under $3. Quite a cheap high - perfect for a college kid vacationing on a budget.

Jason Keiran Wrongful Death Suit Has Been Filed

On November 12, 2010, Jason's father and mother filed a wrongful death lawsuit in Orange County, Florida, suing Phusion Projects Inc. under Florida's Wrongful Death law (for details on that statute, see our previous post).

And only after they grieved, and then moved forward with this litigation, did the Kieran family see the federal government react to the dangers they understand all too well from alcohol-caffeine drinks like Four Loco. Just yesterday, on November 17, 2010, the Federal Drug Administration (FDA) issued warning letters to Phusion Projects, Inc. and three other companies who make similar kinds of beverages (see the warning letter here).

FDA Warning Letter Sent Re: Four Loco and Similar Drinks

The warning letters applies to the following companies and the following products:

• Core High Gravity HG by Charge Beverages Corp.
• Core High Gravity HG Orange by Charge Beverages Corp.
• Lemon Lime Core Spiked by Charge Beverages Corp.
• Moonshot made by New Century Brewing Co., LLC
• Four Loko made by Phusion Projects, LLC (doing business as Drink Four Brewing Co.)
• Joose made by United Brands Company Inc.
• Max made by United Brands Company Inc.

It's reported that the FDA warning letters may well close the currently popular alcoholic energy drink industry nationwide.

To be fair, the FDA wasn't hiding behind the log here: they were investigating Four Loco and its bretheren for over a year (remember our post on FDA online notices of potential dangers?). Now, the FDA efforts will hopefully ban these dangerous drinks (which are, of course, really tasty liquid drugs).

It's too late for Jason, though, and perhaps others like him across the country who were harmed by these types of festive alcoholic beverages. However, it's not too late to seek justice and vindication from the 27 or so manufacturers who put these dangers out into the marketplace -- and from what we've seen lately, hitting corporate pocketbooks is the only thing that some companies seem to understand. No one stopped making Four Loco or similar drinks after Jason died two months ago, did they?

Once again, Miami remember -- just because a product is on the shelf doesn't mean it's safe. And, if you've been harmed there are laws in place to fight against these types of injuries. Use them.

By Bryant Esquenazi on November 18, 2010 11:33 AM