Family Sues Four Loko's Chicago Maker in Teen's Death

CHICAGO, May 19, 2011 /PRNewswire/ -- Calling attention to the dangers of a beverage that packs a whopping 12 percent alcohol and is aimed at young people, the family of a teen who died after drinking Phusion Projects' Four Loko is suing the company and urging authorities to pull the product from store shelves.

This is the first lawsuit filed in Cook County Circuit Court that is aimed at the Chicago-based company that heavily markets the beverage to young people. The family of 15-year-old Bo Rupp, who died after ingesting two cans of the beverage, wants to raise awareness of the product as the prom and graduation party season kicks in. They warn parents that this type of beverage — which has earned the nickname "blackout in a can" — was not part of the landscape a generation ago.

Rupp's parents, John and Karla, charge in the suit that Phusion Projects "was careless and negligent in formulating a caffeinated, alcoholic beverage that desensitizes users to the symptoms of intoxication, and increases the potential for alcohol-related harm."

In addition, it notes that Four Loko is a dangerous concoction that serves up the buzz of nearly a six-pack of beer, which could make a 225-pound man too drunk to drive legally. It comes in a variety of fruit flavors that appeal to young people and is packed in single-serve, non-resealable 23-ounce cans.

Rupp, of suburban Washington, D.C., drank two cans of Four Loko, lost touch with reality and then lost his life after he headed onto a roadway near his home last fall, according to the lawsuit.

At a news conference today, Karla Rupp, Bo's distraught mother, recalled the events of Sept. 25, 2010. She had driven her son and some friends to a concert about an hour before showtime, "He and several classmates had wanted to 'tailgate' for about three hours before the concert, but I insisted that he cut that back to one hour," she said. "I figured, 'What could happen in an hour?'

"Well, it turns out a lot can happen in an hour," she said. During that time, her son drank the contents of two Four Lokos. When the concert staff noticed Bo's behavior and that he appeared extremely intoxicated, they called his mother to retrieve him.

The drive home was stressful for Bo and his mother as she had never seen him so paranoid and disoriented. When they arrived in their suburban neighborhood, Bo took off on foot. Although both of his parents urged him to come home via text messages, Bo's responses were confusing. "Eventually we lost all contact. Bo made his way on foot onto a busy road, and then he was hit by a car.

"We could hear the ambulance sirens from our home," Mrs. Rupp said. "My husband and I just knew the sirens were for Bo. It was a parent's worst nightmare come true.''

Karla Rupp explained that she is speaking out to help prevent other teen and young adult deaths. "I hope other parents will talk to their children about this drink,'' she said. "We don't want any other family to go through the sheer terror of losing a child.''

"This was a boy who was raised by concerned parents, who had a stable home life and lots of friends," said Jeffrey Simon of Simon, Eddins & Greenstone, LLP of Dallas, which is serving as co-counsel in the lawsuit. "What killed him was not the type of alcohol that adults might serve at a party. Four Loko is so deliberately different — it's sweet and fruity and marketed directly at the underage crowd – that it is far more dangerous than other drinks. And the founders of Four Loko knew that from the beginning."

Simon pointed out that if Rupp had overindulged on most any other alcoholic beverage that night, he probably would have vomited or passed out. But the stimulants in the drink are known to mask the effects of being drunk, and so even more experienced drinkers don't realize they're intoxicated.

Chicago-based Cooney & Conway is serving as co-counsel.

Four Loko is sold in brightly colored cans that closely resemble prepackaged iced teas and energy drinks, and the marketing is directly aimed at inexperienced drinkers. It's a whole new category of alcoholic beverages.

The beverage, also known as "liquid cocaine" has been wildly popular on college campuses. It's been linked in lawsuits to date rape cases and auto accidents, Simon said. By pricing the drink around $3 and distributing it through convenience stores and gas station quick marts, it's available where young people shop.

In addition to the creators of Four Loko, the suit also names as defendants the convenience store franchise in Manassas, Va., where the product was purchased as well as companies that assisted in the manufacture, distribution and packaging of Four Loko.

SOURCE Simon, Eddins & Greenstone, LLP; Cooney & Conway