FTC Extends Comment Period on Proposed Settlement with Marketer of Four Loko Malt Beverage Until December 2, 2011

The Federal Trade Commission has extended the deadline for the public to submit comments on a proposed settlement with Phusion Projects, LLC, the company that markets the beverage Four Loko, until December 2, 2011.

In a complaint announced on October 3, 2011, the FTC alleged that the marketer made deceptive claims about Four Loko. Under the proposed administrative settlement, Phusion Projects is required to re-label and repackage Four Loko to resolve FTC charges of deceptive advertising.

The comment period originally was set to expire on November 2, 2011. It will be extended by 30 days, after which the Commission will decide whether to make the settlement order final.

The Commission vote to extent the public comment period was 4-0. The FTC has published a description of the consent agreement package in the Federal Register. Interested parties can submit written comments electronically or in paper form by following the instructions in the Invitation To Comment part of the “Supplementary Information” section. Comments in electronic form should be submitted by clicking here and following the instructions on the web-based form. Comments in paper form should be mailed or delivered to: Federal Trade Commission, Office of the Secretary, Room H-113 (Annex D), 600 Pennsylvania Avenue, N.W., Washington, DC 20580. The FTC requests that any comment filed in paper form near the end of the public comment period be sent by courier or overnight service, if possible, because U.S. mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. FTC File No. 1123084; The staff contacts are Janet Evans or Carolyn L. Hann, Bureau of Consumer Protection, 202-326-2125 or 202-326-2745; see press release dated October 3, 2011.

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