Hello parents it has Alcohol, how about the company sue you for lack of supervision? Where did a 15 year old get the drinks from? What next sue gun makers because someone kills your kid, these parents are utter morons.
Get a clue and stop tying to blame a company for your sons stupidity and your lack of supervision.
I would seriously ask where the drinks were bought then sue the retailer if they didnt card your 15YEAR OLD.
Agreed. Four Lokos should be illegal just because they're like poison, but this kid's death could have been prevented... and not by outlawing the drink. It could have been prevented BY OUTLAWING TERRIBLE PARENTING.
Hi! I let my 15 year old break the law by drinking alcohol. He got so smashed he got kicked out of a concert (wow! think about how disruptive you have to be for that!). I had to go pick his drunk ass up, and when we got home, I completely failed to supervise my son. Or, maybe I told him to go play in traffic. I forget. I was pissed off that he interfered with me watching American Idol. Anyway, some poor bastard ran over my son on the freeway. Since I shouldn't be expected to supervise my underage son (even when I know he is drunk), I need to sue someone.
Thank you. If we are going to start banning drinks because they have caffeine in them, then you can say goodbye to many mixed drinks available in bars (such as rum and Coke). Adults should have the choice of drinking alcohol and caffeine together if they choose, and we don't need to start regulating adults because a 15-year old was able to get alcohol.
Furthermore, would these parents be suing a beverage maker if it was just alcohol that caused him to get killed? No, they would be going after the people who provided the alcohol. If your child is drinking alcholic beverages without your knowledge, that is a problem with poor parenting, and not the people that make the beverage.
This is ridiculous. Some 15 year old is drinking when under age gets drunk and gets hit by a car. How is this the fault of the company that made the beverage. Where were the parents?!?! Who sold this kid the alcohol?!? These are the people that are responsible, not the beverage manufacturer.
As for mixing caffeine and alcohol, that should be an individual's choice. If you are going to ban drinks that contain alcohol and caffeine you are going to have to ban a lot more than these premixed beverages. Are they going to ban serving a rum and coke or other drinks mixed with sodas that contain caffeine?!?! Are they going to ban the serving of Irish coffee and other coffee drinks?!?!
This whole things absurd. Parents failed to supervise their kid and he got killed. Trying to blame others is just an attempt to assuage their own guilt for over the death of their son. If they had been doing their job as parents their kid would still be alive.
These are not beverages that are going to be enjoyed with a nice meal," Karla Rupp said.
I THINK THAT ABOUT SUMS THIS UP. Your right dude. This lady was talking about enjoying alchohol with a "nice meal". I wouldnt be supprised if they drink every day. The parents are responsible for creating an atmposphere in which alchohol is desired. Everybody i knew growing up as a kid who had parents that openly drank were the first ones to get into trouble with drinking.
!parC None of my kids every got them selves killed doing ANY of the crazy stuff they did so I can't sue a nmad soul!
But ya know, I hate it for the parents; some kids get themselves killed, some don't. You gotta feel sorry for them, though, their kid is dead and all the money in the world ain't gonna bring him back. Mercy on their broken hearts.
If he was a Honor student why was the stupid enough to try alcohol. He could have got it any where and it did not have to be Loko. It could have been beer, vodka or other alcohol drinks.
The parents are responsible for creating an atmposphere in which alchohol is desired.
LOL!
I guess you don't see much T.V or billboards or read magazines. Alcohol is glorified every day. All you have to do is buy some and you'll surrounded by young hard bodies and having the time of your life.
One 23.5 ounce can is comparable to drinking five or six beers.
That's a lot of alcohol for anyone. Two can is like downing a pint plus all the other crap in it.
So are you saying that the makers aren't targeting underage drinkers? I've never seen someone of age actually drink one.
Let's think of the characteristics of the drink:
1. Energetic
2. Sweet
3. Colorful can
4. Extremely strong
Are any of these appealing to a young person or someone who is binge drinking? Usually underage drinkers are binge drinkers too. What mature adult is this drink going to appeal to? Don't be ignorant. All companies target certain consumers. It's obvious who they target.
Think back when you were a teen (if you can or can admit to it). Did you really care about the packaging? I tried Old Crow, Chivas Regal, Wild Turkey, and clearly it wasn't about anything else but getting my drink on. I have never seen ads for this drink in question, so what makes you so sure that the can or characteristics played a part? Even if they did, I have never seen someone of age actually drink one either, let alone someone underage....which makes me scrutinize your post...think about it...since you seem to be so attentive to such matters....
But the real problem is what control does anyone really have over someone else, and where is the means to the end? I can sell candy all day long to anyone that has money, but does that make me liable for cavities that my buyers incur? Dentist bills? Lawsuits for not selling it to them out of fear of cavities?
But let's go back to the drink....Yes, it may have been geared towards a younger crowd's appeal, but obviously those of age. For example, can I sell a car to a child, just because I put a balloon in the ad? Get real, people.
Perhaps the kid found the Four Loko in the family fridge. My mother worked in the local high school some years back. She said that there were parents who were very strict with their kids. They would get bent out of shape if they thought their kids were doing drugs or drinking. However, these same parents bought weed for their kids' parties from their own dealers because they trusted theirs, not the kids' dealer. Kind of screwed up parents, if you ask me.
Why did these people attempt to take their inebriated MINOR home, instead of hauling his drunk butt to the Emergency Room for treatment and proper monitoring?
Oh, yeah, because then parents and teen most likely would have been questioned and their 'Honor Student' held accountable for his underage drinking!
I hope the court throws this case out before it even gets to trial, there's no reason for the court to be wasting time or money on a case like this.
Their son was involved in illegal activities and committing a crime by possessing and consuming alcohol. He died in the commission of a crime. Even if he had been of legal age to drink alcohol,the company that produced this beverage can't be held responsible for what people do after getting drunk from drinking their beverage.
If he was an adult and got drunk from drinking this beverage and then stole a car could the car owner sue the beverage company for the actions of the drunk person who stole their car? OF COURSE NOT!
It's unfortunate that their son is dead but it's disrespectful to their Son's memory to try and sue an innocent party in a lame attempt to make some money off of his death.The ambulance chasing lawyer who took this case and is representing them should be ashamed of himself.
The irresponsible parents ought to face criminal charges for not supervising their child, a failure that directly led to the child's death. The lawyer handling this case ought to be disbarred for filing a frivolous lawsuit.
Why don't they sue the maker of the car he jumped out of. Shouldn't the doors have been auto-locked? He was only 15 and according to his dvmbass parents not responsible for any of his actions.
While the parenting may be in question, I know many 15 year old boys who are industrious enough and sneaky enough to sneak alcohol without parental knowledge. I think the suit is just an indicator of our new "blame someone else" culture, but have some compassion on people who are grappling with the senseless loss of their child.
i was also wondering where did he get the drinks from, it's noticeably missing from the article. they state how many he drank and when he drank them, but conveniently leave out where he got them from. if it was a store who didn't card him or an adult who bought it for him or an adult who gave it to him, than they should be held responsible since giving alcohol to minors is illegal.
it is very unfortunate that their son passed away but i'm just not seeing how this is the fault of the makers of the drink. regardless of how the drink packaging looks, he made the choice to drink it. true, alot of teenagers drink or at least try drinking, but it's not the company who makes the drinks that is responsible for their actions. the company did not put the alcohol in his hands and did not force him to drink it.
the mom says that they're not drinks intended to be drank with a nice meal. well, beer and wine are drinks that people often drink on the side of a nice meal, but alcohol is alcohol and still not legal for 15 year olds to drink. would it have made any difference if he had been drinking a "classy" or "fancy" drink?
Ha Ha! I never thought I would say that I completely agree with 'The Devil' (message #1.18), but I do - these parents should drop their frivolous lawsuit while they are ahead.
Many parents who find out that their teenager has been using drugs or alcohol don't get the opportunity to take control of the situation while their child is still under the influence, but before any real tragedy strikes. It seems these parents DID get that chance, but didn't make the most of it and are now trying to blame others for their own failure to protect their inebriated child.
Were I in these parent's shoes, I'd be keeping a LOW profile right about now.
While the parenting may be in question, I know many 15 year old boys who are industrious enough and sneaky enough to sneak alcohol without parental knowledge.
These irresponsible louses can go to hell. If you can't handle having kids because you are too damn stupid to know how to control them then you shouldn't have them. If you do have kids and you don't control them, allowing them to drink and kill themselves you need to go to jail.
Since when do you take a drunk to the emergency room? The boy was not unconscious, he was drunk.
The boy jumped out of the car and started running. If you were not there you do not know EXACTLY how that happened. If the car was moving, the parent driving couldn't exactly jump out of the moving vehicle to chase the son. You don't know if the parents were even physically able to run after their son. You don't know how fast the boy ran, if he crossed any fences, etc. etc.
Also, I don't see any reference in the article that the parents supplied the drink. He was at a concert. He drank before the concert. His parents were called to take him home.
You people need to take a reading comprehension course.
He was acting paranoid and disoriented, that`s a good time to take him to the hospital. The parents had two chances to save their son and they failed both times because they made stupid decisions.
The first time was when they received the call informing them that their son was acting sooo paranoid,disruptive and disoriented that he had to be evicted from a concert. The parents should have instructed the security people who contacted them, to call an ambulance or the police. Instead they decided to go and pick their son up.
The second chance they had to save their son was after they picked him up they should have taken him to the hospital because in the mothers own words her son was acting paranoid and disoriented.
This could have ended even worse then it did, the son could have become violent and harmed other people instead of just himself.
Apparently the parents were not the only ones who didn't think it required a visit to the emergency room, or the EMT's or police would have been called from the concert venue.
Furthermore, the laws do need to be changed regarding alchohol manufacturers' culpability when alchohol is involved in a deadly crash or other accident.
RE: message # 1.26, by NBForrest... "He was acting paranoid and disoriented, that`s a good time to take him to the hospital. The parents had two chances to save their son and they failed both times because they made stupid decisions."
EXACTLY! It's not WHAT this person had in his system, it is HOW this substance was making him behave, that was grounds for proper medical attention... attention that he did not receive!
RE: message 1.27 by Lou7777777... "Apparently the parents were not the only ones who didn't think it required a visit to the emergency room, or the EMT's or police would have been called from the concert venue."
Sadly, there is a DEAD teenager that says you could not be more wrong about this.
As for the need for a 'reading comprehension course'... look in the mirror, deary! The article, actually, does not give ANY information about the concert venue, who was running the show or who placed the call - just that the parents were called to pick up the teenager due to his erratic behavior, and they did.
It is due to the PARENTS lack of good judgement that the son was not taken to a hospital for proper care. Had he been taken to a hospital... well, if you don't get it by now, you probably just want to be 'right'.
Within the past few months there have been several stories in the news about parents who have taken their children to the emergency room after they were allegedly served alcohol at restaurants the families were dining at - each time the parents sited ODD BEHAVIOR as their reason for becoming concerned and seeking medical attention.
"Since when do you take a drunk to the emergency room?", you ask.
Apparently you have never worked in an emergency room, I answer.
I was a monster when I was 15, my parents were and still are great parents, but there is only so much they could do short of putting me in a cell. I was a rebellious little thing that fancied himself a punkrocker (mohawk and all!)
When you were a teenager, did it really matter what the can looked like? Could you afford to pick and choose? Hell nah, you had to drink what you could get your hands on. I remember one time bringing a bottle of Creme de Menth to a party haha.
No, you really can't blame the parents too much on this one, you can't blame the company either. Gearing alcoholic drinks to young underage drinkers is stupid business, so I find it highly unlikely that's the case. Geared toward binge drinking college kids though, yes, definitely.
But you're in college, shouldn't that be a sign that you are smart enough to know your limits? Shouldn't you be smart enough to figure out how much alcohol is in the can, and what the equivalent is? Shouldn't you be smart enough to know that slamming 12 beers = not fun?
Must stop blaming others for what is effectively our own human penchant for stupidity. This 15yo kid though, truly a tragedy. Could have been anyone really. If he just decided to pass out for the night and sleep it off - he would have woken up with a lesson learned. Instead he ended up dead.
SHUKLACK that could of easily been me too at 15. You drank what you could get back in the day. It sure didn't matter about packaging, or taste for that matter. It's a wonder I, and alot of people I know, lived through those years to become fairly responsible adults!! I actually bought and drank one of those LOKOs. Sweet with some nasty other taste to it. Not too palatable.....but I drank some other nasty crap when I was a teen.
@Shuklack-You are absolutely correct! Only 25 years old and I can certainly appreciate all the times I did something "Stupid". My parents were great, but that didn't stop me from sneaking behind their back to go to a party when I said I was going to a sleepover....Most every teen does this- lord knows some more than others. It could have been anyone's child, brother or sister that this happened to.
It is a sad point when the parents take it to court- Can I sue Mr. Daniels for all the hangover's he's caused me? Or what about Mr. Patron for one-too-many-margaritas? NO. It was MY judgement, MY decision to consume the drinks....
You have it absolutely right when you say we 'must stop blaming others for our own stupidity. God gave us the gift of free will..... people should learn how to use it, and OWN it. (Or rather, own up to it)
No, you really can't blame the parents too much on this one, you can't blame the company either. Gearing alcoholic drinks to young underage drinkers is stupid business, so I find it highly unlikely that's the case. Geared toward binge drinking college kids though, yes, definitely.
I DISAGREE. I do believe that this drink is targeted to YOUNG PEOPLE WHO ARE NOT OF AGE. There is no doubt in my mind.
I am not certain that it is illegal to do so. It certainly is NOT ETHICAL or MORAL but whether it is illegal is another story.
This is a tragedy. YOU GUYS NEED TO LAY OFF THE PARENTS. The kid jumped out of the car and ran away and sat on a highway AFTER THEY PICKED HIM UP FROM THE CONCERT. DON'T BLAME THE PARENTS.
I dont think irresponsible parents sounds right? (Although they may have been) I drank underage.. even drove once JUST once because I ran off the road into a ditch and totalled the car... my parents were wonderful parents and very responsible... they weren't with me when I made the the wrong choice... they taught me right from wrong and I chose the wrong... personal responsibility or lack thereof should not a suable offense.
Sooo many people here dont know what they are talking about. I know many, many of age people who drink Four Loko, college aged people. Its geared toward people who want to drink late into the night, go out dancing or partying or what not. Also, when you are underaged, you might want to try something cool like four loko, but really its whatever you get your hands on. And 99% of the time, its something you take from your parents, especially when you are talking about 15 year olds, unless you are garage hopping which is a crime in itself.
These parents should be to blame, think about it, if he was drunk enough to be thrown out of a concert, and acting impaired enough to have his parents called, how hard could it be to prevent him from running away, or chasing after him. Drunk people arent the fastest, most coordinated group of people.
I think its ridiculous that Four Loko was strong armed into having to change the formula. People, especially of college age, die all of the time due to binge drinking. Regardless of what they were drinking. Four loko is an option for someone who wants to drink but does not want to fall asleep due to that pesky side effect of alcohol.
the parents probably did a lot of binge drinking in their teen days, so they don't understand why their kid couldn't handle it, and blamed it on this company(disgusting drinks by the way, i always thought that was enough to deter the consumer)
So the parents are expected to follow their son around 24 hours a day to make sure he doesn't do anything he's not supposed to do? Gimme a break. And his parents should have anticipated that the kid was going to jump from a moving car, take off, and then decide to sit (or more likely pass out) in traffic until he was hit by a car? Right. And how many parents do you think actually take their kid to an emergency room after having too much to drink? My guess is next to none. The parents did what 98% of parents would be expected to do...pick up their son and take him home after being told he had too much to drink. All you righteous, Monday morning quarterbacks are full of sh*t, to be perfectly honest. No, I don't blame the company who made the drink for this very sad occurrence, nor do I blame the parents. But if you think this particular concoction isn't specifically marketed to underage kids, you're kidding yourself. Yes, rum and coke may very much have the same ingredients as this Loko crap, but common sense tells me a rum a coke drinker is less likely to take a nap in traffic than a kid who's just sucked down a couple of of Lokos. Geez, I wonder why they call this stuff Loko...maybe because a 15 yr old is more likely to want to get "Loko" than a rum and coke drinker? Just a thought. Bottom line, parents could try to be more aware of what their kids are into, and alcoholic beverage companies could try to be somewhat more responsible about who they market their products to. Just some give and take on both sides.
The Fifteen year old should not have been consuming alcohol in the first place, it is quite obvious that it his completely and utterly his fault. If you can not handle the content, do not intake it? That is like suing McDonald's claiming they made you fat. You saw the food, and made a decision to eat it or not. You see alcohol, you drink it. He was fifteen, he should have known its effects. How about we charge his corpse with breaking the law, drinking underage. The drinking age is 21 for a very specific reason, to make sure occurrences like these do not happen, as clearly minors are unable to take responsibility whilst intoxicated.
Nick,I personally think your comment is exactly right.Fact still is though that someone sold or bought this crap for this young man and that is the person that should be found.I my self drank a lot of beer and liquor but never got paranoid and jumped out of a vehicle.It is obvious that this young man had something besides that drink to be so paranoid.Parents should be more responsible for screening their kids friends and admit its their fault.Still after reading more of the comments some of them lack intelligence as it is tragic when anyone dies and fun is made of it.I bet if it were their child or relative they wouldnt show their ignorance by making light of a loss of life.I will pray 4 these idiots any way.
actually when you mix alcohol with caffeine it has a different affect than if you had drank either separately. if the person has a low tolerance for alcohol or a sensitivity to caffeine, the affect can be even worse. i can't handle caffeine ever since i was around 18 yrs old, i can't have more than a few very small sips of it - it makes my heart beat very fast, i get light headed and dizzy, my head hurts, i even have a hard time seeing straight.
based on the article though his parents are trying to play the blame game. if there was an adult involved in him getting the alcohol, than they should be held responsible in some way. i understand that they must be going through alot emotionally after their son passing away but they need to realize that the company who makes the drink is not responsible for their son's actions.
if the kid stole it from a store should his parents sue the store claiming that it's the store's fault they didn't have security who caught their son? if he took it from a friend's house should they sue the friend's parents for having alcohol in the house while their son was there? should they sue the company who made their car because their drunk son was able to jump out of it and take off? should they sue the state they live in for not having barriers up that prevented their son from wandering onto the highway? should they sue the driver that hit him for not driving a car that was able stop quickly enough to prevent hitting him?
grieving is hard, but at some point responsibility needs to be taken rather than trying to place the blame on other people. but of course they want to sue the company who made the drink since the company has more money than most average people. being that they have more money than the average person, they will also be able to afford better lawyers than the average person. maybe they are hoping the company will just throw a large sum of money at them to get them to quiet down and go away
OK First of all I am so sorry for these parents loss BUT
He was 15 what the hell was he doing drinking to begin with and second he was hit by a car because he was drunk that in no way is the fault of the drink maker. Maybe the store that sold it to him, if that was the case or an adult who gave it to him but not the people that made it. Come on people, its ok to grieve but lay the blame where it really belongs.Â
Another case of parents wanting compensation for their neglect. Granted kids may do stupid things, but it is the responsiblity of the parents to be the role model for their child and to teach them the consequences of their behavior, weather it be alcohol, drugs, or taking other risky chances so they don't just blindly follow their peers.
My prayers go out to the family. Where did he get the beer??? from? Who sold it to him. 16 years old is not a legal drinking age. Get the seller, then go after the company for making a concoction that should not be sold.
I think they should sue the farmer that grew the grain that was used to make the alcohol. Or maybe you can sue the company that built the combine to harvest the grain.
Hell, you could even sue the other farmers that grew the coffe bean that the caffeine was produced from.
And of course, you can sue the fabrication plant that made the cans that the drink was packaged in. Why not sue the trucking company used to deliver the goods to the local markets.
These folks can be suing for years!
Great one, Ranger!! Or, sue the mouse that lived in the house that Jack built. If the mouse had eaten the grain, this might not have happened. Or, sue the car maker for not making the back doors . . .
HEY, WAIT A MINUTE. How come the parents didn't activate the child-proof locks on the back doors?
Hey Shawn, does calling someone else names make you feel important? It just makes you sound juvenile. I agree that sueing the manufacturer is dumb but try saying it like an adult.
no the company should not be held responsible since they did not give or buy him the alcohol. people have been drinking alcohol with caffeine before this drink came out and even if it is banned, people will still drink alcohol mixed with caffeine, whether it is being sold already mixed or not. there's still red bull w vodka, irish coffee, rum and coke, liquid cocaine, jager bombs, whiskey and coke, and i'm sure there's lots of others. like one of the other posts said, the drink isn't the problem, it's underage drinking
It's not just underage drinking that is the problem. Alchohol needs to be prohibited again, and once someone (adult or underage) is caught, the punishment needs to be a little tougher than a few months without a license and a couple hundred bucks.
I'm not much for the tipple, personally, but even I know it wasn't a successful enough idea the first time around... and that there is NO WAY it would ever be even half as successful now!
And, era wise, I'm from about 1812. So I'm guessing you hail from anywhere between 800 A.D. to the Renaissance? ;o)
the 15 yr old UNDERAGE kid breaks the law by consuming the horrible drink (and wow, is it horrible!), wanders in to a street like a moron, gets wacked by a car, and dies. OK, so it's the beverage company's fault because he chose to break the law and drink it? Got it. It couldn't possibly be the parents fault or anyone else's for that matter? Of course not! Let's sue......
It's really a shame at how ridiculous our country is becoming. It's ALWAYS someone else's fault......
I agree. he shouldn't had been drinking that stuff in the first place. Someone must have got it for him. And the parents want to sue, I don't think they have a leg to stand on. Good comment.
The person that hit their son has a better chance of winning a suit against the parents for damage to his car than the parents have of winning a suit against the beverage maker.
As a parent to 2 teenagers, I know the desire to "experiment" and be accepted by peers, but ultimately the company did not fail this child. The parents did. I'm sure it seems like a justifiable thing to sue a company when hurt or angry, but seriously Where Were You? Your child was doing things without your knowledge or consent, that is NOT a companies fault. Stop blaming others for your failure.
What really gets me about this particular story is that, no doubt, there are countless other grieving parents out there who have found out that their teenager was involved in dangerous activities, but didn't get the opportunity to take control of the situation before any real tragedy struck. These parents DID get that opportunity! But, instead of taking their child to a hospital for proper treatment and monitoring, they were trying to take him home?!?
Like you said, they are now trying to blame others for their own failure - and, indeed, it IS their own failure! Especially since this underage, inebriated child was IN THEIR CARE at the time of the incident that cost him his young life.
The parents are being total d-bags for filing suit against the Beverage maker... no doubt.
But I also don't entirely blame the parents. Looking back on when I was a 15yo hellraiser, with GREAT parents, yeah - sometimes there isn't much they can do to stop a rebellious teenager bent on partying short of shackles.
Ultimately responsibility does boil down to the parents of the child, but in reality they are not entirely to blame. This case is an example of the tragedies that occur within American society sometimes - blame lies everywhere and nowhere.
Shuklack - I absolutely agree with you that even the very best of parents can't be everywhere with their children, 100% of the time. And this leaves room for children to get their hands on drugs and alcohol or to take part in other dangerous activities. That's a very sad fact, but it IS the truth of it.
Where I, personally, think these people failed their son is when they decided to take him home, instead of taking him to get proper medical attention and monitoring for his erratic behavior. That's just my opinion.
I do understand what you mean about sometimes blame lies everywhere and nowhere. I can also understand how some would see this as one such situation. I know I would be far more inclined to feel that way myself, were the parents not persuing this frivolous lawsuit - I would, of course, still think 'Gee, had they just taken their child to the Emergency Room...', but I would also be willing to cut them some slack because I would figure that they are probably beating themselves up enough for all of the woulda, coulda, shouldas of the situation.
Instead, they are trying to place the blame elsewhere. And, it's kind of a universal truth of parenthood that, as soon as something happens with a child and parents start trying to place the blame elsewhere, it opens up said parents to a hightened degree of scrutiny regarding their own culpability in the matter.
I swear, I can not blame the parents. In my youth I did all kind of stupid stuff, on the sly..... my Mom? Dad? were fine...I just lived to tell about it.
Darwinism at its finest, why don't they sue every car company, and our governments because they are the ones that made the highway he was killed on. Come on no one wants to read a story like this. Shame hopefully it wasnt a nice car the kid ruined.
I can understand that most do not feel the manufacturer is liable in this case, and I agree. However, that product was banned due to being dangerous for a reason.
But your comment only paints a picture of a POS anyway. Hope you don't have kids. You sound pretty awful.
Phusion said it voluntarily removed the stimulants caffeine, guarana and taurine from Four Loko last November
its not banned, it was fixed cause of people like this, how could he of ran away if he was drunk enough to get onto a highway. Ive never done that even when i was black out drunk.
The Protection of Lawful Commerce in Arms Act was passed by the U.S. Senate on July 29, 2005, by a vote of 65-31. On October 20, 2005, it was passed by the House of Representatives 283-144. It was signed into law on October 26, 2005, by President Bush and became Public Law 109-92.
The purpose of the act is to prevent firearms manufacturers and dealers from being held liable for crimes committed with their products. However, both manufacturers and dealers can still be held liable for damages resulting from defective products, breach of contract, criminal misconduct, and other actions for which they are directly responsible.
A similar measure had been rejected by the Senate on March 2, 2004, after being combined with an extension to the assault weapons ban into a single piece of legislation.
The final bill passed only after an amendment was added which mandated safety locks on handguns and after the assault weapons ban renewal was prevented from being added onto the bill.
You are absolutely right, Mike. And all that legislation was passed in response to several unsuccessful lawsuits against gun and ammunition manufacturing companies. At least one of the lawsuits was in response to a school shooting, I believe it may have been Columbine. Check the dates. The lawsuits occurred in the 90's and the legislation is less than 10 years old.
wow, did the parents go to college? or did they have their kid in jr high school, and let him turn into them, retarded. 15 y/o shouldnt be allowed even able to party, u should be sued for lack of parental supervision, how do uknow ur kid didnt have sex with a 13 year old and get her pregnant and knew about tthen drank, hes a @!$%#ing @!$%#. he died he died, he knew the risks thats ur problem for caring, i personally dont, low? i think not. blame yourselves parents, blame yourselves.
I find it funny that all these high and mighty folks are blaming the parents for this kids consumption of alcohol and death.
I am not on their side when it comes to suing the drink company, but I do not believe their parenting skills are this issue.
When I was 15, my buddies and I got alchohol. We drank it. We knew it was wrong, and that our parents would have our asses in a sling if we got caught. So, we hid in the woods, drank our beers, and WALKED home.....knowing at the time that driving drunk would have been even worse. My parents were none the wiser, and I feel they did a good job raising us.
Everyone on here screaming about "blame the parents", look in the mirror and ask yourself if you ever disobeyed your parents without getting caught.
Ranger, I sure agree with your statement, I'm sorry for their loss, but a 15 year old should have some responsibility for himself too. At 15 I was a Jr. in high school, lived on the border and went to Mexico every weekend. There was no drinking age in the 60's in Mexico, if you got the money on the bar, you got served. However, we were responsible, like you, we didn't dare go home drunk and face parental wrath, we walked to Mexico a lot of times, but had designated drivers when someone scored a car and at least a couple people stayed sober and we took turns at it. We went to party, dance, have a good time and get home in one piece, and we never lost anyone. It can be done if you use common sense, it worked for us and now we all in our 60's and get together once in awhile and remember the good ole days....
i had a couple of friends when i was in middle school and every time they got in deep sh*t for doing something stupid, their mom would call my mom to claim that it was my fault. i had taught them whatever it was they had did and i had made them do it. every time my mom would tell their mom that if her daughters had been doing things they weren't supposed to, it was their own fault since they were the ones who had did it and that when i got for in trouble for doing something, they (my own parents) blamed ME for what I had done. they (my supposed friends) just didn't want to take full responsibility for what they had done since it would mean getting in more trouble with their parents and their mom just didn't want to believe that her daughters were at fault for their own actions. luckily though my parents never believed that i had mind control over people and went around forcing them to do things.
i don't know if the parents are at fault in this case or not, because alot of teenagers do things behind their parents back that they know they aren't allowed to do. if the parents were involved in their son getting the alcohol or knew that he had gotten it or knew he had been drinking before they got called to go pick him up, than they do have some responsibility in what happened. whether or not the parents were in any way at fault, i still don't think the drink maker holds any fault.
if your kid o.d.s from drugs, you don't sue the companies who made the chemicals the drugs were made from. if your kids commits suicide, you don't sue the company that made the razor blade. if your kid sets a building on fire, you don't sue the company who made the lighter. blame needs to be placed where it belongs. kids are not always the honest, innocent angels their parents think they are. unfortunately though this is an incident that ended very badly
Well what the hell do we need a drink that contains alcohol and caffeine for anyway? Why are they marketing it in Nickelodeon colors if they aren't targeting young kids? Even if you are of legal age sounds like it is a combination of ingredients that is dangerous.
All good points, and I hate to nit-pick (b.s., I love it) but 7-Up doesn't have caffeine... However, my favorite (redbull and vodka) does, and if the government wants to ban caffeine and alcohol together, then I plan on becoming an outlaw...
As for as the Marketing, I, like at least half of all adults, am basically a 15-year-old with 15 years of experience. I make better judgement calls based on that experience, but I am guided by the same wants and desires I had at that age, and I happen to like the flashy colored cans. Once kids get in the 12 to 15 year range, they have reached the point where they begin to transition into being an adult, and with that comes the desire to do adult things, and that means that things targeted to adults as being "fun" (meaning cool colors, designs, names, and the like) become of great interest to kids that have reached that point in their life. That, in no way, means they are being targeted by the marketing.
Mighta been banned because of the amounts if caffeine and alcohol IN ONE CAN.
An example would be Everclear. Unless you live in Montana, tell me, where do you find it in the US? Another would be- Absinthe. As far as I understand, they have let it kinda come back into the states. It's not the real thing BUT.. ya know.
I suppose they should ban rubbing alcohol because some people out there are desparate to try it, however, it is labeled not for consumption, nor is it marketed to party with.
Everclear is nearly 100% alcohol... 4 Loco is 10-12%. So there is no comparison.
It's caffeine content is (was) roughly equivelant to 1 cup of coffee. As many have pointed out, it is one in a looonggg list of popular drinks that adults are free to consume containing both alcohol and caffeine.
To answer your question, Everclear 190 is legally sold in Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana, Nebraska, New Jersey, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Wisconsin, and Wyoming.
Oh yeah, 'The Uncola". I forgot about that. Thanks. Nit-pick away buddy. I enjoy it as well. You ain't gonna hurt my feeling cause I don't have one. LOL...
Absinthe is legal in the US as long as it can get the "Certificate of Label Approval" which generally means that it passes FDA guidelines. The compound in absinthe that is at issue is "thujone", a very minor ingredient in absinthe that is believed to be the cause of the "psychedelic effects" the drink is commonly known for. However, the thujone is only there in trace amounts in most, if not all, absinthe, both historically and currently, and as long as the concentration is less than 10 ppm it is legal for sale in the US since that level is considered "thujone-free". The restriction was lifted in 2007 so long as the drinks were "thujone-free", and as the thujone is not essential to the absinthe, manufacturers found ways to bring it to within safe levels to pass the FDA tests.
The absinthe in the US is most assuredly the "real thing" made from pre-ban recipes, but using techniques to eliminate the unnecessary thujone.
Like others have said, alcohol with caffeine isn't a new thing. Four Loko came under scrutiny because its easier for someone underage to get than hard liquor. You can just walk into a gas station and pick up a can, many places won't even ask for an ID. Kids are gonna find a way to get drunk. Four Loko is cheap so it became popular. And the colors aren't a marketing ploy to underage drinkers. If they are in the 8-12 range, a bright can is going to get there attention. At 15, it doesn't make much of a difference, its all about whats available. And the stores are making it available to minors, not the company.
when i was a teenager, packaging didn't matter. it was more about what was cool / popular / in style, how did something taste, but what always won out over all else was ACCESSIBILITY. what was there enough money for? what did the store have? what was the store willing to sell and what quantity? what would somebody of legal age agree to buy for underage teens? what could be snuck out of somebody's house? and let's be honest, in some cases, what could easily be stolen from a store?
the look of the four loko can IS a marketing ploy - it's meant to attract attention and to stand out from the other drinks in the same section. it DOESN'T mean it's targeted at under age drinkers. when i was a teen seeing a bright, flashy can wouldn't have made me automatically want to drink it. even as a 30 yr old adult who loves bright colors, the look of the can still doesn't make me want to drink it. partially because i have a high sensitivity to caffeine and the other part being that i mainly drink liquor and sometimes wine.
i was at bevmo a couple months ago and saw a tequila bottle that looks like a dia de los muertos calavera. did it catch my attention as i was walking past? yes. did i stop to get a closer look at it? yes. did it (along with a few other bottle in the same cabinet) stand out? yes. did i say to myself "i like that, it looks cool"? yes. did i buy it? no. even though the bottle had definitely got my attention, it didn't motivate me to buy it.
Phusion said it voluntarily removed the stimulants caffeine, guarana and taurine from Four Loko last November
its not banned, it was fixed cause of people like this, how could he of ran away if he was drunk enough to get onto a highway. Ive never done that even when i was black out drunk.
Well how fun is that? Do you feel better now? It's a kid and kids do stupid things. Let me guess.. you were all 21 when you had your first drink and have always had a cab available? Oh wait.. if you have brats that age, something tells me they weren't selling a 6 pack in a can.
Anyway.. laughing at the misfortune of others and the death of a kid is only inviting heartbreak into your own lives. Hope all your love ones (oh and middle school.. Johnn.. I'm willing to bet you have a grandkid in a year or 2, or perhaps her own raging drug issue) are safe and sound and perfect. :) Many kids just do something stupid and I'm sure yours will be no different. Wait, I forget, this is NV, you all know everything!!!
smart people sometimes make stupid decisions. i'm not a stupid person but i have made stupid decisions or said stupid things before. i think they mention he was an honor student to imply something like he wouldn't have been drinking had he known how badly it was going to effect him.
my guess is, he got a hold of the alcohol and drank it assuming he'd be able to handle it. he was only 15, alot of teens think they're superman. i don't know how many teens i've seen puking all over the place or passing out or peeing their pants. i've also seen adults in their 20s, 30s, 40s, even 50s, doing those same things. it really comes down to bad decision making. they do decide to do things like - have a shot contest w somebody even though they rarely, if ever drink hard liquor, or they drink heavily on a nearly empty stomach, or they drink alot to show off and get carried away w it, or they drink alot even though they know they have a low tolerance for alcohol.
a good thing to point out here is that book smart does not necessarily equal real life smart.
Anyway.. laughing at the misfortune of others and the death of a kid is only inviting heartbreak into your own lives.
Who is laughing? Not me. My post was written in melancholy.
Hope all your love ones (oh and middle school.. Johnn.. I'm willing to bet you have a grandkid in a year or 2, or perhaps her own raging drug issue) are safe and sound and perfect. :) Many kids just do something stupid and I'm sure yours will be no different.
Oh, I see. You're just taking this as an excuse to feel superior to others by looking down upon us. You are implying that by by pointing this out we deserve misfortune? That is laughable. Actually, that is quite sad. Someone once said that if you do that you are inviting heartbreak into your life.
Wait, I forget, this is NV, you all know everything!!!
Wow, talk about a lack of self-awareness. You exemplify this line more than anyone in the post #15 series. You get up on your soapbox after misreading the comments due to your biases (do not worry, everyone has biases that distort what they see).
Examine yourself before casting stones. But that is unlikely, since you will just assume that my comment is way off base (since you know everything) rather than to see how my comment applies to you. Perhaps you will choose to either insult me or wish ill upon me again. Or perhaps you will ignore this comment or even mockingly say, "see, I didn't even do x y and z!"
a good thing to point out here is that book smart does not necessarily equal real life smart.
Notice how the parents always assume that it does.
If the parents had taught the child that alcohol is not something abuse this likely would not have occurred.
Yes, it is possible to teach a child the dangers of something, but many parents do not even raise tough subjects in the hopes that they do not ever need to. Many others who do try to teach, do not know how to properly do so. Just saying "don't do drugs" and "don't drink alcohol" are not effective ways to teach this to children.
Now-a-days, being an honor student doesn't really mean you're smart. It just means you're skilled at navigating the public school system. And I'm sure we all unfortunately know the state of public education in this country.
*sigh* ...To be honest, let's get this straight... The parents of a 15-year-old sue an alcoholic beverage-making company for their son's stupid behavior under the influence of alcohol...
Those parents are to blame. It doesn't matter whether the kid got his alcohol from them or not. He shouldn't have been drinking, especially enough to become that intoxicated. His parents knew that. The overseers of the event knew that. They probably advertised that there would be alcohol at said event. However, instead of telling him that he wasn't old enough (and dammit, I'm 19 and I don't drink. Not just because I'm not old enough, but because I'm not a freaking idiot), they let him go and get drunk.
I don't know of a single person who's actually so self-righteous as to think that this was the beverage company's fault. This is no difference than the parents of an obese kid blaming and suing McDonald's.
If this is what our country is coming to, then I've become thoroughly disgusted. You people make me sick, and you have less maturity than my 8 year old sister.
I guess that's us, but 9 out of 10 are agreeing to what he said. Maybe he's experimenting with this beverage or sticking with the old hemp if he can't see that almost everyone is saying the same thing. I'm surprised that so many people are in agreement, kind of kills a good argument...lol
Four Loko has a hideous taste, it definitely isn't for those who are connoisseurs of fine drinks. It's gearded towards kids who want to be "wide awake drunk". Therefore the lawsuit has some merit in my opinion.
Kudos to Count Acumen as he indeed has a keen acumen!
Glad you morons are not changed with any great responsibilities in our society, and it's so nauseatingly clear that none of you higher functioning dolts contributing to this post achieved even a marginal understanding of the law of torts in your vast experience here on earth. Negligence; Strict Liability; Inherently Dangerous Activities; Negligent Advertising and Promotion; Advertising and Marketing Targeting vulnerable members of society.
Here you go, some points on Tobacco Litigation. See if you closed minds can draw any parallels:
negligent manufacture - the tobacco companies failed to act with reasonable care in making and marketing cigarettes
product liability - the tobacco companies made and marketed a product that was unfit to use
negligent advertising - the tobacco companies failed to warn consumers of the risks of smoking cigarettes
fraud, and
violation of state consumer protection statutes involving deceptive business practice
What if with clear deliberation and intent LOKO was manufactured and designed with one "primary" goal (primary means just that - primary. There may be other goals but as long as the unlawful goal was the primary goal, then liability attaches) that being to break into an already dominated market by marketing alcohol to minors in pretty colored cans with a name that appeals as well?
If this was established to be true, would you have a different opinion?
Chocolate Bullets anyone? Nah, let me light up my candy cigarette. Whatever happened to those anyway?
Four Loko has a hideous taste, it definitely isn't for those who are connoisseurs of fine drinks. It's gearded towards kids who want to be "wide awake drunk". Therefore the lawsuit has some merit in my opinion.
It taste like crap so it's obviously "geared towards kids"?? Well I must say, you missed your call in law my friend!
Let's sue whoever invented the margarita too, yuck!
A good idea. Anytime anyone is killed by a drunk driver is a good time to sue the alcohol manufacturer. Amazing how the government goes after cigarettes, yet leaves booze untouched. That needs to change.
Let's see-which is worse, cancer (maybe) from cigarettes, or liver cirrhosis or death of another person via auto accident from alcohol.
Did your parents know everything you did? NO!! Teen-agers can not be supervised 24/7. Parents talk to the teens, but it is the teen who makes the final decision. Think about the crazy decisions my made, but lived to bragg or tell about it. As a formal teacher and teen-agers, I realize that was impacts the teen most is his or her peers.
So your saying we are responsible for our own actions and sometimes they may lead to death. Sorry I am going feel sad for women raped or beheaded before feel sorry for a drunk teenage.
LindaE, AKA formal teacher, You are right. This was a teen, not a toddler. How can anyone blame parents? And what if it were Bud Light?? Sue Budwiser?? I hate the kid died, BUT it is just a tragic thing......
c'mon people these parents lost their son who was an honors student who enjoyed playing lacrosse. Clearly it was the makers of the drink that are responsible. Also the car manufacturer that made the car that hit him. Oh and of course the driver that hit him. The city for planning and paving that particular highway. Oh, and let's blame the "snitch" security guards for calling his parents and making him leave. Let's leave those poor parents alone who were allowing their underage son to attend a concert unsupervised (hmmmm, wonder if it was on a school night). Get a grip people out there & be ACCOUNTABLE ! If you don't want to be accountable then STOP having kids ! ! ! ! Hmmm, wonder if he got the drinks from his parents fridge ! Like someone else said - STOP BLAMING OTHERS FOR YOUR FAILURE !
i hear the sarcasm you are trying to get across in your post, and i have one question for you. have you never attended a concert under the age of 21 with your friends and no parent? how about 18?
i get that the parents are trying to find some way to make themselves feel better, however, we should not ridicule them, they have buried their child. the child made a mistake and suffered the ultimate consequence. it is sad. do i think they should sue, no. but you should not ridicule them. have compassion.
Carol.. unfortunately, this is what we have in our society. Sure, the parents can be wrong and they can be going about this the wrong way.. and they'll find that out.
But it's more disturbing to see the absolute GLEE these posters have over the situation of a kid. These are the kind of people I would walk past if they were on fire.
I don't see much glee about the kids death, but a lot of cold hard facts about these parents blame in this. IF they were not suing this beverage company, we would not be on here. They are trying to pass blame to someone else other than themselves and make some money at the expense of someone else and don't you find it rare that 90% of the people on here are in some way, shape or form actually blaming these parents for their lack of parental guidance. You rarely see this many people agreeing on anything and it's rather refreshing, I'd like to think that we are all right.
So keep it cool you feel sorry for someone whose own actions lead them to death then someone who may had no hand in a fire being hurt by it? I am the complete opposite I feel heart broken knowing someone is hurt by actions they cant control like genocide, terrorism or a fluke. I feel less sorry if a person own actions like this teenage is responsible for death.
In addition to the Four Loko, water, juice and soft drinks were also being sold. The kid purchased the Loko because that is what he wanted. Moreover, the fact that he consumed multiple cans of the drink suggest an overdose. It is also possible that it was not his first taste of the product. So, rather than blaming the company perhaps the parents should do something more constructive like warning other kids about the dangers of the product.
Wait a minute here-who sold the boy the drink? Or who supplied the boy with the drink? And how can you possibly know if this was or was not his first taste of the drink? Apparently he wasn't accustomed to the effects of the drink. So I'd take a guess that this was probably his first.
It is absurd to blame a 15 year old for irresponsibility and poor judgement to this extent, and place no expectations on mature adults who possess the brainpower and planning to create a company and a product. This product is not safe for anyone. It should not exist, period. If drinking two cans of it causes symptoms of dementia, why is the sale and production of this legal?
It may cause symtoms of dementia in a MINOR, who does not drink. This product is intended for those 21 and over only!!!! Who knows where the boy got the liquor from, in any normal adult , this wouldn't have happened. I am very sorry for the parent's loss, but this is no way the maker's fault.
CHRISTINE, any damn alcohol can make anyone act Demented. I have seen it happen to all ages. I do not believe 15yr olds are stupid. Kid made a bad choice......we've all done it...been stupid, made bad choices. No one to blame but my self.....even at 40something.....
I have teenagers, and they do things like this, and I know I am not to blame, and Four Loco isn't to blame, either. It's a sad story, and should serve as a warning all. I don't think it's fair that Four Loco make a huge payout for an accident where the child obtained the product illegally, sorry!
Hello parents it has Alcohol, how about the company sue you for lack of supervision? Where did a 15 year old get the drinks from? What next sue gun makers because someone kills your kid, these parents are utter morons.
Get a clue and stop tying to blame a company for your sons stupidity and your lack of supervision.
I would seriously ask where the drinks were bought then sue the retailer if they didnt card your 15YEAR OLD.
Agreed. Four Lokos should be illegal just because they're like poison, but this kid's death could have been prevented... and not by outlawing the drink. It could have been prevented BY OUTLAWING TERRIBLE PARENTING.
I agree.
Here's my summation of the article:
Hi! I let my 15 year old break the law by drinking alcohol. He got so smashed he got kicked out of a concert (wow! think about how disruptive you have to be for that!). I had to go pick his drunk ass up, and when we got home, I completely failed to supervise my son. Or, maybe I told him to go play in traffic. I forget. I was pissed off that he interfered with me watching American Idol. Anyway, some poor bastard ran over my son on the freeway. Since I shouldn't be expected to supervise my underage son (even when I know he is drunk), I need to sue someone.
Again with this new American "blame somebody" culture shift. I'm stupid and it's somebody's fault I'm stupid so who do I sue?
Thank you. If we are going to start banning drinks because they have caffeine in them, then you can say goodbye to many mixed drinks available in bars (such as rum and Coke). Adults should have the choice of drinking alcohol and caffeine together if they choose, and we don't need to start regulating adults because a 15-year old was able to get alcohol.
Furthermore, would these parents be suing a beverage maker if it was just alcohol that caused him to get killed? No, they would be going after the people who provided the alcohol. If your child is drinking alcholic beverages without your knowledge, that is a problem with poor parenting, and not the people that make the beverage.
This is ridiculous. Some 15 year old is drinking when under age gets drunk and gets hit by a car. How is this the fault of the company that made the beverage. Where were the parents?!?! Who sold this kid the alcohol?!? These are the people that are responsible, not the beverage manufacturer.
As for mixing caffeine and alcohol, that should be an individual's choice. If you are going to ban drinks that contain alcohol and caffeine you are going to have to ban a lot more than these premixed beverages. Are they going to ban serving a rum and coke or other drinks mixed with sodas that contain caffeine?!?! Are they going to ban the serving of Irish coffee and other coffee drinks?!?!
This whole things absurd. Parents failed to supervise their kid and he got killed. Trying to blame others is just an attempt to assuage their own guilt for over the death of their son. If they had been doing their job as parents their kid would still be alive.
Sure sue someone, whoever gave a 15 year old alcohol.
These are not beverages that are going to be enjoyed with a nice meal," Karla Rupp said.
I THINK THAT ABOUT SUMS THIS UP. Your right dude. This lady was talking about enjoying alchohol with a "nice meal". I wouldnt be supprised if they drink every day. The parents are responsible for creating an atmposphere in which alchohol is desired. Everybody i knew growing up as a kid who had parents that openly drank were the first ones to get into trouble with drinking.
!parC None of my kids every got them selves killed doing ANY of the crazy stuff they did so I can't sue a nmad soul!
But ya know, I hate it for the parents; some kids get themselves killed, some don't. You gotta feel sorry for them, though, their kid is dead and all the money in the world ain't gonna bring him back. Mercy on their broken hearts.
If he was a Honor student why was the stupid enough to try alcohol. He could have got it any where and it did not have to be Loko. It could have been beer, vodka or other alcohol drinks.
@ Pirate C..I couldnt have said it better myself. You hit it right on the nose. When are the parents EVER responsible for THEIR childrens behavior?
LOL!
I guess you don't see much T.V or billboards or read magazines. Alcohol is glorified every day. All you have to do is buy some and you'll surrounded by young hard bodies and having the time of your life.
That's a lot of alcohol for anyone. Two can is like downing a pint plus all the other crap in it.
Actually, Ian, responsible parents should teach their kids responsible drinking habits.
So are you saying that the makers aren't targeting underage drinkers? I've never seen someone of age actually drink one.
Let's think of the characteristics of the drink:
1. Energetic
2. Sweet
3. Colorful can
4. Extremely strong
Are any of these appealing to a young person or someone who is binge drinking? Usually underage drinkers are binge drinkers too. What mature adult is this drink going to appeal to? Don't be ignorant. All companies target certain consumers. It's obvious who they target.
Think back when you were a teen (if you can or can admit to it). Did you really care about the packaging? I tried Old Crow, Chivas Regal, Wild Turkey, and clearly it wasn't about anything else but getting my drink on. I have never seen ads for this drink in question, so what makes you so sure that the can or characteristics played a part? Even if they did, I have never seen someone of age actually drink one either, let alone someone underage....which makes me scrutinize your post...think about it...since you seem to be so attentive to such matters....
But the real problem is what control does anyone really have over someone else, and where is the means to the end? I can sell candy all day long to anyone that has money, but does that make me liable for cavities that my buyers incur? Dentist bills? Lawsuits for not selling it to them out of fear of cavities?
But let's go back to the drink....Yes, it may have been geared towards a younger crowd's appeal, but obviously those of age. For example, can I sell a car to a child, just because I put a balloon in the ad? Get real, people.
Perhaps the kid found the Four Loko in the family fridge. My mother worked in the local high school some years back. She said that there were parents who were very strict with their kids. They would get bent out of shape if they thought their kids were doing drugs or drinking. However, these same parents bought weed for their kids' parties from their own dealers because they trusted theirs, not the kids' dealer. Kind of screwed up parents, if you ask me.
Why did these people attempt to take their inebriated MINOR home, instead of hauling his drunk butt to the Emergency Room for treatment and proper monitoring?
Oh, yeah, because then parents and teen most likely would have been questioned and their 'Honor Student' held accountable for his underage drinking!
Is this a joke??
I hope the court throws this case out before it even gets to trial, there's no reason for the court to be wasting time or money on a case like this.
Their son was involved in illegal activities and committing a crime by possessing and consuming alcohol. He died in the commission of a crime. Even if he had been of legal age to drink alcohol,the company that produced this beverage can't be held responsible for what people do after getting drunk from drinking their beverage.
If he was an adult and got drunk from drinking this beverage and then stole a car could the car owner sue the beverage company for the actions of the drunk person who stole their car? OF COURSE NOT!
It's unfortunate that their son is dead but it's disrespectful to their Son's memory to try and sue an innocent party in a lame attempt to make some money off of his death.The ambulance chasing lawyer who took this case and is representing them should be ashamed of himself.
The irresponsible parents ought to face criminal charges for not supervising their child, a failure that directly led to the child's death. The lawyer handling this case ought to be disbarred for filing a frivolous lawsuit.
Why don't they sue the maker of the car he jumped out of. Shouldn't the doors have been auto-locked? He was only 15 and according to his dvmbass parents not responsible for any of his actions.
And the Darwin Award goes to.... (**drumroll**)....
John "Bo" Donald Rupp III
PS: If it had been me that hit him, I'd be suing the parents for the damage they caused to my front bumper.
While the parenting may be in question, I know many 15 year old boys who are industrious enough and sneaky enough to sneak alcohol without parental knowledge. I think the suit is just an indicator of our new "blame someone else" culture, but have some compassion on people who are grappling with the senseless loss of their child.
i was also wondering where did he get the drinks from, it's noticeably missing from the article. they state how many he drank and when he drank them, but conveniently leave out where he got them from. if it was a store who didn't card him or an adult who bought it for him or an adult who gave it to him, than they should be held responsible since giving alcohol to minors is illegal.
it is very unfortunate that their son passed away but i'm just not seeing how this is the fault of the makers of the drink. regardless of how the drink packaging looks, he made the choice to drink it. true, alot of teenagers drink or at least try drinking, but it's not the company who makes the drinks that is responsible for their actions. the company did not put the alcohol in his hands and did not force him to drink it.
the mom says that they're not drinks intended to be drank with a nice meal. well, beer and wine are drinks that people often drink on the side of a nice meal, but alcohol is alcohol and still not legal for 15 year olds to drink. would it have made any difference if he had been drinking a "classy" or "fancy" drink?
Ha Ha! I never thought I would say that I completely agree with 'The Devil' (message #1.18), but I do - these parents should drop their frivolous lawsuit while they are ahead.
Many parents who find out that their teenager has been using drugs or alcohol don't get the opportunity to take control of the situation while their child is still under the influence, but before any real tragedy strikes. It seems these parents DID get that chance, but didn't make the most of it and are now trying to blame others for their own failure to protect their inebriated child.
Were I in these parent's shoes, I'd be keeping a LOW profile right about now.
These irresponsible louses can go to hell. If you can't handle having kids because you are too damn stupid to know how to control them then you shouldn't have them. If you do have kids and you don't control them, allowing them to drink and kill themselves you need to go to jail.
Do you people not comprehend the article?
Since when do you take a drunk to the emergency room? The boy was not unconscious, he was drunk.
The boy jumped out of the car and started running. If you were not there you do not know EXACTLY how that happened. If the car was moving, the parent driving couldn't exactly jump out of the moving vehicle to chase the son. You don't know if the parents were even physically able to run after their son. You don't know how fast the boy ran, if he crossed any fences, etc. etc.
Also, I don't see any reference in the article that the parents supplied the drink. He was at a concert. He drank before the concert. His parents were called to take him home.
You people need to take a reading comprehension course.
He was acting paranoid and disoriented, that`s a good time to take him to the hospital. The parents had two chances to save their son and they failed both times because they made stupid decisions.
The first time was when they received the call informing them that their son was acting sooo paranoid,disruptive and disoriented that he had to be evicted from a concert. The parents should have instructed the security people who contacted them, to call an ambulance or the police. Instead they decided to go and pick their son up.
The second chance they had to save their son was after they picked him up they should have taken him to the hospital because in the mothers own words her son was acting paranoid and disoriented.
This could have ended even worse then it did, the son could have become violent and harmed other people instead of just himself.
Apparently the parents were not the only ones who didn't think it required a visit to the emergency room, or the EMT's or police would have been called from the concert venue.
Furthermore, the laws do need to be changed regarding alchohol manufacturers' culpability when alchohol is involved in a deadly crash or other accident.
RE: message # 1.26, by NBForrest... "He was acting paranoid and disoriented, that`s a good time to take him to the hospital. The parents had two chances to save their son and they failed both times because they made stupid decisions."
EXACTLY! It's not WHAT this person had in his system, it is HOW this substance was making him behave, that was grounds for proper medical attention... attention that he did not receive!
RE: message 1.27 by Lou7777777... "Apparently the parents were not the only ones who didn't think it required a visit to the emergency room, or the EMT's or police would have been called from the concert venue."
Sadly, there is a DEAD teenager that says you could not be more wrong about this.
As for the need for a 'reading comprehension course'... look in the mirror, deary! The article, actually, does not give ANY information about the concert venue, who was running the show or who placed the call - just that the parents were called to pick up the teenager due to his erratic behavior, and they did.
It is due to the PARENTS lack of good judgement that the son was not taken to a hospital for proper care. Had he been taken to a hospital... well, if you don't get it by now, you probably just want to be 'right'.
Within the past few months there have been several stories in the news about parents who have taken their children to the emergency room after they were allegedly served alcohol at restaurants the families were dining at - each time the parents sited ODD BEHAVIOR as their reason for becoming concerned and seeking medical attention.
"Since when do you take a drunk to the emergency room?", you ask.
Apparently you have never worked in an emergency room, I answer.
Yes, the laws should have any suit against the manufacturer thrown out unless they are selling a mislabeled product.
First, my heart goes out to the parents. That 15yo kid could have easily been me when I was a young one.
I'm with Wade on this one.
I was a monster when I was 15, my parents were and still are great parents, but there is only so much they could do short of putting me in a cell. I was a rebellious little thing that fancied himself a punkrocker (mohawk and all!)
When you were a teenager, did it really matter what the can looked like? Could you afford to pick and choose? Hell nah, you had to drink what you could get your hands on. I remember one time bringing a bottle of Creme de Menth to a party haha.
No, you really can't blame the parents too much on this one, you can't blame the company either. Gearing alcoholic drinks to young underage drinkers is stupid business, so I find it highly unlikely that's the case. Geared toward binge drinking college kids though, yes, definitely.
But you're in college, shouldn't that be a sign that you are smart enough to know your limits? Shouldn't you be smart enough to figure out how much alcohol is in the can, and what the equivalent is? Shouldn't you be smart enough to know that slamming 12 beers = not fun?
Must stop blaming others for what is effectively our own human penchant for stupidity. This 15yo kid though, truly a tragedy. Could have been anyone really. If he just decided to pass out for the night and sleep it off - he would have woken up with a lesson learned. Instead he ended up dead.
SHUKLACK that could of easily been me too at 15. You drank what you could get back in the day. It sure didn't matter about packaging, or taste for that matter. It's a wonder I, and alot of people I know, lived through those years to become fairly responsible adults!! I actually bought and drank one of those LOKOs. Sweet with some nasty other taste to it. Not too palatable.....but I drank some other nasty crap when I was a teen.
@Shuklack-You are absolutely correct! Only 25 years old and I can certainly appreciate all the times I did something "Stupid". My parents were great, but that didn't stop me from sneaking behind their back to go to a party when I said I was going to a sleepover....Most every teen does this- lord knows some more than others. It could have been anyone's child, brother or sister that this happened to.
It is a sad point when the parents take it to court- Can I sue Mr. Daniels for all the hangover's he's caused me? Or what about Mr. Patron for one-too-many-margaritas? NO. It was MY judgement, MY decision to consume the drinks....
You have it absolutely right when you say we 'must stop blaming others for our own stupidity. God gave us the gift of free will..... people should learn how to use it, and OWN it. (Or rather, own up to it)
The parents should also file a complaint against:
I mean, why stop at the company who make beverages for people of legal drinking age.
I DISAGREE. I do believe that this drink is targeted to YOUNG PEOPLE WHO ARE NOT OF AGE. There is no doubt in my mind.
I am not certain that it is illegal to do so. It certainly is NOT ETHICAL or MORAL but whether it is illegal is another story.
This is a tragedy. YOU GUYS NEED TO LAY OFF THE PARENTS. The kid jumped out of the car and ran away and sat on a highway AFTER THEY PICKED HIM UP FROM THE CONCERT. DON'T BLAME THE PARENTS.
I dont think irresponsible parents sounds right? (Although they may have been) I drank underage.. even drove once JUST once because I ran off the road into a ditch and totalled the car... my parents were wonderful parents and very responsible... they weren't with me when I made the the wrong choice... they taught me right from wrong and I chose the wrong... personal responsibility or lack thereof should not a suable offense.
For all the people who think the company should be sued because their packaging entices minors to drink:
The fabric softener I use comes in a bright pink bottle with a teddy bear on the label, and it smells sweet...
... and yet how often do you hear about someone's child drinking fabric softener?
Never. That's how often. If Four Loco were packaged in a plain gray can with block lettering, like generic stuff, he would still have drank it.
It wasn't the can that killed him, it was the stupidity.
Sooo many people here dont know what they are talking about. I know many, many of age people who drink Four Loko, college aged people. Its geared toward people who want to drink late into the night, go out dancing or partying or what not. Also, when you are underaged, you might want to try something cool like four loko, but really its whatever you get your hands on. And 99% of the time, its something you take from your parents, especially when you are talking about 15 year olds, unless you are garage hopping which is a crime in itself.
These parents should be to blame, think about it, if he was drunk enough to be thrown out of a concert, and acting impaired enough to have his parents called, how hard could it be to prevent him from running away, or chasing after him. Drunk people arent the fastest, most coordinated group of people.
I think its ridiculous that Four Loko was strong armed into having to change the formula. People, especially of college age, die all of the time due to binge drinking. Regardless of what they were drinking. Four loko is an option for someone who wants to drink but does not want to fall asleep due to that pesky side effect of alcohol.
the parents probably did a lot of binge drinking in their teen days, so they don't understand why their kid couldn't handle it, and blamed it on this company(disgusting drinks by the way, i always thought that was enough to deter the consumer)
So the parents are expected to follow their son around 24 hours a day to make sure he doesn't do anything he's not supposed to do? Gimme a break. And his parents should have anticipated that the kid was going to jump from a moving car, take off, and then decide to sit (or more likely pass out) in traffic until he was hit by a car? Right. And how many parents do you think actually take their kid to an emergency room after having too much to drink? My guess is next to none. The parents did what 98% of parents would be expected to do...pick up their son and take him home after being told he had too much to drink. All you righteous, Monday morning quarterbacks are full of sh*t, to be perfectly honest. No, I don't blame the company who made the drink for this very sad occurrence, nor do I blame the parents. But if you think this particular concoction isn't specifically marketed to underage kids, you're kidding yourself. Yes, rum and coke may very much have the same ingredients as this Loko crap, but common sense tells me a rum a coke drinker is less likely to take a nap in traffic than a kid who's just sucked down a couple of of Lokos. Geez, I wonder why they call this stuff Loko...maybe because a 15 yr old is more likely to want to get "Loko" than a rum and coke drinker? Just a thought. Bottom line, parents could try to be more aware of what their kids are into, and alcoholic beverage companies could try to be somewhat more responsible about who they market their products to. Just some give and take on both sides.
The Fifteen year old should not have been consuming alcohol in the first place, it is quite obvious that it his completely and utterly his fault. If you can not handle the content, do not intake it? That is like suing McDonald's claiming they made you fat. You saw the food, and made a decision to eat it or not. You see alcohol, you drink it. He was fifteen, he should have known its effects. How about we charge his corpse with breaking the law, drinking underage. The drinking age is 21 for a very specific reason, to make sure occurrences like these do not happen, as clearly minors are unable to take responsibility whilst intoxicated.
Nick,I personally think your comment is exactly right.Fact still is though that someone sold or bought this crap for this young man and that is the person that should be found.I my self drank a lot of beer and liquor but never got paranoid and jumped out of a vehicle.It is obvious that this young man had something besides that drink to be so paranoid.Parents should be more responsible for screening their kids friends and admit its their fault.Still after reading more of the comments some of them lack intelligence as it is tragic when anyone dies and fun is made of it.I bet if it were their child or relative they wouldnt show their ignorance by making light of a loss of life.I will pray 4 these idiots any way.
Lay of the bold font buddy!
Maybe Jimmy James thinks the bolder the type the more intelligent he looks.
KeithStone, you're so smooth, haha!
cjsks: I never pay any attention to those emails that claim they can enlarge the size of my font.
How pathetic to name yourself after a beer company mascot.
actually when you mix alcohol with caffeine it has a different affect than if you had drank either separately. if the person has a low tolerance for alcohol or a sensitivity to caffeine, the affect can be even worse. i can't handle caffeine ever since i was around 18 yrs old, i can't have more than a few very small sips of it - it makes my heart beat very fast, i get light headed and dizzy, my head hurts, i even have a hard time seeing straight.
based on the article though his parents are trying to play the blame game. if there was an adult involved in him getting the alcohol, than they should be held responsible in some way. i understand that they must be going through alot emotionally after their son passing away but they need to realize that the company who makes the drink is not responsible for their son's actions.
if the kid stole it from a store should his parents sue the store claiming that it's the store's fault they didn't have security who caught their son? if he took it from a friend's house should they sue the friend's parents for having alcohol in the house while their son was there? should they sue the company who made their car because their drunk son was able to jump out of it and take off? should they sue the state they live in for not having barriers up that prevented their son from wandering onto the highway? should they sue the driver that hit him for not driving a car that was able stop quickly enough to prevent hitting him?
grieving is hard, but at some point responsibility needs to be taken rather than trying to place the blame on other people. but of course they want to sue the company who made the drink since the company has more money than most average people. being that they have more money than the average person, they will also be able to afford better lawyers than the average person. maybe they are hoping the company will just throw a large sum of money at them to get them to quiet down and go away
How pathetic to be concerned with someone else's screenname that you actually feel the need to post about it being pathetic. Hater.
Phusion said it voluntarily removed the stimulants caffeine, guarana and taurine from Four Loko last November
Why is everyone thinking it is the caffeine fault, there isnt any in it!
because the article states that this happened last fall, presumably before the caffeine and additives were removed.
OK First of all I am so sorry for these parents loss BUT
He was 15 what the hell was he doing drinking to begin with and second he was hit by a car because he was drunk that in no way is the fault of the drink maker. Maybe the store that sold it to him, if that was the case or an adult who gave it to him but not the people that made it. Come on people, its ok to grieve but lay the blame where it really belongs.Â
You are right JAMIE. If I got drunk, walked in front of a car, and it ran over me....who is at fault??? I think it's me.
maybe he should have not been sold to or maybe parents should take responsibility for his underage drinking.
Another case of parents wanting compensation for their neglect. Granted kids may do stupid things, but it is the responsiblity of the parents to be the role model for their child and to teach them the consequences of their behavior, weather it be alcohol, drugs, or taking other risky chances so they don't just blindly follow their peers.
Life is short use the time wisely.
It's not the parents fault. I doubt they neglected him, either.
My prayers go out to the family. Where did he get the beer??? from? Who sold it to him. 16 years old is not a legal drinking age. Get the seller, then go after the company for making a concoction that should not be sold.
bob i would not want to walk in front of you .
you may trip and fall then I'm broke.
You worthless POS
please don't sue me for hurting your feelings!!!!!
bob, should we next outlaw red bull and individual bottles of liquor? Both are ingredients in the drink and can be purchased separate.
How about suing the poor person driving the car that hit him? That'd be just as dumb...
I think they should sue the farmer that grew the grain that was used to make the alcohol. Or maybe you can sue the company that built the combine to harvest the grain.
Hell, you could even sue the other farmers that grew the coffe bean that the caffeine was produced from.
And of course, you can sue the fabrication plant that made the cans that the drink was packaged in. Why not sue the trucking company used to deliver the goods to the local markets.
These folks can be suing for years!
Great one, Ranger!! Or, sue the mouse that lived in the house that Jack built. If the mouse had eaten the grain, this might not have happened. Or, sue the car maker for not making the back doors . . .
HEY, WAIT A MINUTE. How come the parents didn't activate the child-proof locks on the back doors?
Hey Shawn, does calling someone else names make you feel important? It just makes you sound juvenile. I agree that sueing the manufacturer is dumb but try saying it like an adult.
What is so dangerous about the concoction? Redbull Vodka's are a very common drink at bars. The problem isn't the drink, its underage drinking.
He could have presnted fake id. Many kids that age get a hold of fKE ID.
no the company should not be held responsible since they did not give or buy him the alcohol. people have been drinking alcohol with caffeine before this drink came out and even if it is banned, people will still drink alcohol mixed with caffeine, whether it is being sold already mixed or not. there's still red bull w vodka, irish coffee, rum and coke, liquid cocaine, jager bombs, whiskey and coke, and i'm sure there's lots of others. like one of the other posts said, the drink isn't the problem, it's underage drinking
It's not just underage drinking that is the problem. Alchohol needs to be prohibited again, and once someone (adult or underage) is caught, the punishment needs to be a little tougher than a few months without a license and a couple hundred bucks.
Seriously, Lou7776667, Prohibition?
What era are you from?
I'm not much for the tipple, personally, but even I know it wasn't a successful enough idea the first time around... and that there is NO WAY it would ever be even half as successful now!
And, era wise, I'm from about 1812. So I'm guessing you hail from anywhere between 800 A.D. to the Renaissance? ;o)
What a crock of !@#$. Let me get this right.....
the 15 yr old UNDERAGE kid breaks the law by consuming the horrible drink (and wow, is it horrible!), wanders in to a street like a moron, gets wacked by a car, and dies. OK, so it's the beverage company's fault because he chose to break the law and drink it? Got it. It couldn't possibly be the parents fault or anyone else's for that matter? Of course not! Let's sue......
It's really a shame at how ridiculous our country is becoming. It's ALWAYS someone else's fault......
Becoming? It's been completely ridiculous since we were forced to be PC. It's only getting worse day by day now.
I agree. he shouldn't had been drinking that stuff in the first place. Someone must have got it for him. And the parents want to sue, I don't think they have a leg to stand on. Good comment.
Actually the real morons are the ones on the juries who keep awarding these idiots money for their stupidity.
And the judges that don't dismiss the cases immediately. And the bottom-feeding lawyers that take the cases in the first place.
The person that hit their son has a better chance of winning a suit against the parents for damage to his car than the parents have of winning a suit against the beverage maker.
As a parent to 2 teenagers, I know the desire to "experiment" and be accepted by peers, but ultimately the company did not fail this child. The parents did. I'm sure it seems like a justifiable thing to sue a company when hurt or angry, but seriously Where Were You? Your child was doing things without your knowledge or consent, that is NOT a companies fault. Stop blaming others for your failure.
EXACTLY! Your post is so sad, but so true.
What really gets me about this particular story is that, no doubt, there are countless other grieving parents out there who have found out that their teenager was involved in dangerous activities, but didn't get the opportunity to take control of the situation before any real tragedy struck. These parents DID get that opportunity! But, instead of taking their child to a hospital for proper treatment and monitoring, they were trying to take him home?!?
Like you said, they are now trying to blame others for their own failure - and, indeed, it IS their own failure! Especially since this underage, inebriated child was IN THEIR CARE at the time of the incident that cost him his young life.
The parents are being total d-bags for filing suit against the Beverage maker... no doubt.
But I also don't entirely blame the parents. Looking back on when I was a 15yo hellraiser, with GREAT parents, yeah - sometimes there isn't much they can do to stop a rebellious teenager bent on partying short of shackles.
Ultimately responsibility does boil down to the parents of the child, but in reality they are not entirely to blame. This case is an example of the tragedies that occur within American society sometimes - blame lies everywhere and nowhere.
Shuklack - I absolutely agree with you that even the very best of parents can't be everywhere with their children, 100% of the time. And this leaves room for children to get their hands on drugs and alcohol or to take part in other dangerous activities. That's a very sad fact, but it IS the truth of it.
Where I, personally, think these people failed their son is when they decided to take him home, instead of taking him to get proper medical attention and monitoring for his erratic behavior. That's just my opinion.
I do understand what you mean about sometimes blame lies everywhere and nowhere. I can also understand how some would see this as one such situation. I know I would be far more inclined to feel that way myself, were the parents not persuing this frivolous lawsuit - I would, of course, still think 'Gee, had they just taken their child to the Emergency Room...', but I would also be willing to cut them some slack because I would figure that they are probably beating themselves up enough for all of the woulda, coulda, shouldas of the situation.
Instead, they are trying to place the blame elsewhere. And, it's kind of a universal truth of parenthood that, as soon as something happens with a child and parents start trying to place the blame elsewhere, it opens up said parents to a hightened degree of scrutiny regarding their own culpability in the matter.
I swear, I can not blame the parents. In my youth I did all kind of stupid stuff, on the sly..... my Mom? Dad? were fine...I just lived to tell about it.
i guess you need to sue the car manufacture also because the car doors were not drunk proof.
if you wan to sue the company i hope its for the cost of the funeral. other than that you just want to profit off your kids death.
maybe you kid killed himself because thats what kids do these days when they get bullied or their parents ground them.
HAHAHAHA@!!@!@!
Good point. Kids nowadays are generally overweight little crybabies that can't deal with a hurt feeling.
Keith,
My son is 19, thin, and not a crybaby. My nephew is 19, without a speck of extra fat on him, and not a crybaby.
Don't "generalize" - It makes you sound like an idiot.
Darwinism at its finest, why don't they sue every car company, and our governments because they are the ones that made the highway he was killed on. Come on no one wants to read a story like this. Shame hopefully it wasnt a nice car the kid ruined.
I can understand that most do not feel the manufacturer is liable in this case, and I agree. However, that product was banned due to being dangerous for a reason.
But your comment only paints a picture of a POS anyway. Hope you don't have kids. You sound pretty awful.
Phusion said it voluntarily removed the stimulants caffeine, guarana and taurine from Four Loko last November
its not banned, it was fixed cause of people like this, how could he of ran away if he was drunk enough to get onto a highway. Ive never done that even when i was black out drunk.
WOW, this lawsuit needs to be thrown out and the parents should have to pay the company for having to defend itself. This is why we need tort reform.
Already been done.
M4Ogre....Who, what, where, when ???
The Protection of Lawful Commerce in Arms Act was passed by the U.S. Senate on July 29, 2005, by a vote of 65-31. On October 20, 2005, it was passed by the House of Representatives 283-144. It was signed into law on October 26, 2005, by President Bush and became Public Law 109-92.
The purpose of the act is to prevent firearms manufacturers and dealers from being held liable for crimes committed with their products. However, both manufacturers and dealers can still be held liable for damages resulting from defective products, breach of contract, criminal misconduct, and other actions for which they are directly responsible.
A similar measure had been rejected by the Senate on March 2, 2004, after being combined with an extension to the assault weapons ban into a single piece of legislation.
The final bill passed only after an amendment was added which mandated safety locks on handguns and after the assault weapons ban renewal was prevented from being added onto the bill.
The PLCAA is codified at 15 U.S.C. §§ 7901-7903.
http://en.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act
You are absolutely right, Mike. And all that legislation was passed in response to several unsuccessful lawsuits against gun and ammunition manufacturing companies. At least one of the lawsuits was in response to a school shooting, I believe it may have been Columbine. Check the dates. The lawsuits occurred in the 90's and the legislation is less than 10 years old.
wow, did the parents go to college? or did they have their kid in jr high school, and let him turn into them, retarded. 15 y/o shouldnt be allowed even able to party, u should be sued for lack of parental supervision, how do uknow ur kid didnt have sex with a 13 year old and get her pregnant and knew about tthen drank, hes a @!$%#ing @!$%#. he died he died, he knew the risks thats ur problem for caring, i personally dont, low? i think not. blame yourselves parents, blame yourselves.
You're sick and need help.
I find it funny that all these high and mighty folks are blaming the parents for this kids consumption of alcohol and death.
I am not on their side when it comes to suing the drink company, but I do not believe their parenting skills are this issue.
When I was 15, my buddies and I got alchohol. We drank it. We knew it was wrong, and that our parents would have our asses in a sling if we got caught. So, we hid in the woods, drank our beers, and WALKED home.....knowing at the time that driving drunk would have been even worse. My parents were none the wiser, and I feel they did a good job raising us.
Everyone on here screaming about "blame the parents", look in the mirror and ask yourself if you ever disobeyed your parents without getting caught.
Ranger, I sure agree with your statement, I'm sorry for their loss, but a 15 year old should have some responsibility for himself too. At 15 I was a Jr. in high school, lived on the border and went to Mexico every weekend. There was no drinking age in the 60's in Mexico, if you got the money on the bar, you got served. However, we were responsible, like you, we didn't dare go home drunk and face parental wrath, we walked to Mexico a lot of times, but had designated drivers when someone scored a car and at least a couple people stayed sober and we took turns at it. We went to party, dance, have a good time and get home in one piece, and we never lost anyone. It can be done if you use common sense, it worked for us and now we all in our 60's and get together once in awhile and remember the good ole days....
i had a couple of friends when i was in middle school and every time they got in deep sh*t for doing something stupid, their mom would call my mom to claim that it was my fault. i had taught them whatever it was they had did and i had made them do it. every time my mom would tell their mom that if her daughters had been doing things they weren't supposed to, it was their own fault since they were the ones who had did it and that when i got for in trouble for doing something, they (my own parents) blamed ME for what I had done. they (my supposed friends) just didn't want to take full responsibility for what they had done since it would mean getting in more trouble with their parents and their mom just didn't want to believe that her daughters were at fault for their own actions. luckily though my parents never believed that i had mind control over people and went around forcing them to do things.
i don't know if the parents are at fault in this case or not, because alot of teenagers do things behind their parents back that they know they aren't allowed to do. if the parents were involved in their son getting the alcohol or knew that he had gotten it or knew he had been drinking before they got called to go pick him up, than they do have some responsibility in what happened. whether or not the parents were in any way at fault, i still don't think the drink maker holds any fault.
if your kid o.d.s from drugs, you don't sue the companies who made the chemicals the drugs were made from. if your kids commits suicide, you don't sue the company that made the razor blade. if your kid sets a building on fire, you don't sue the company who made the lighter. blame needs to be placed where it belongs. kids are not always the honest, innocent angels their parents think they are. unfortunately though this is an incident that ended very badly
Well what the hell do we need a drink that contains alcohol and caffeine for anyway? Why are they marketing it in Nickelodeon colors if they aren't targeting young kids? Even if you are of legal age sounds like it is a combination of ingredients that is dangerous.
Cap't and Coke
Jack and Coke
Seven and 7
Jagger Bombs
Caffeine and alcohol are very prevalent in bars, restuarants and households. Nice try though. B+ for effort.
Keith,
All good points, and I hate to nit-pick (b.s., I love it) but 7-Up doesn't have caffeine... However, my favorite (redbull and vodka) does, and if the government wants to ban caffeine and alcohol together, then I plan on becoming an outlaw...
As for as the Marketing, I, like at least half of all adults, am basically a 15-year-old with 15 years of experience. I make better judgement calls based on that experience, but I am guided by the same wants and desires I had at that age, and I happen to like the flashy colored cans. Once kids get in the 12 to 15 year range, they have reached the point where they begin to transition into being an adult, and with that comes the desire to do adult things, and that means that things targeted to adults as being "fun" (meaning cool colors, designs, names, and the like) become of great interest to kids that have reached that point in their life. That, in no way, means they are being targeted by the marketing.
Mighta been banned because of the amounts if caffeine and alcohol IN ONE CAN.
An example would be Everclear. Unless you live in Montana, tell me, where do you find it in the US? Another would be- Absinthe. As far as I understand, they have let it kinda come back into the states. It's not the real thing BUT.. ya know.
I suppose they should ban rubbing alcohol because some people out there are desparate to try it, however, it is labeled not for consumption, nor is it marketed to party with.
Everclear is nearly 100% alcohol... 4 Loco is 10-12%. So there is no comparison.
It's caffeine content is (was) roughly equivelant to 1 cup of coffee. As many have pointed out, it is one in a looonggg list of popular drinks that adults are free to consume containing both alcohol and caffeine.
To answer your question, Everclear 190 is legally sold in Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana, Nebraska, New Jersey, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Wisconsin, and Wyoming.
Oh yeah, 'The Uncola". I forgot about that. Thanks. Nit-pick away buddy. I enjoy it as well. You ain't gonna hurt my feeling cause I don't have one. LOL...
keep_it_cool...
I swear my friends were drinking that 190 proof back in that state ILLinois. Maybe they were just getting the girl version (151-proof).
Absinthe is legal in the US as long as it can get the "Certificate of Label Approval" which generally means that it passes FDA guidelines. The compound in absinthe that is at issue is "thujone", a very minor ingredient in absinthe that is believed to be the cause of the "psychedelic effects" the drink is commonly known for. However, the thujone is only there in trace amounts in most, if not all, absinthe, both historically and currently, and as long as the concentration is less than 10 ppm it is legal for sale in the US since that level is considered "thujone-free". The restriction was lifted in 2007 so long as the drinks were "thujone-free", and as the thujone is not essential to the absinthe, manufacturers found ways to bring it to within safe levels to pass the FDA tests.
The absinthe in the US is most assuredly the "real thing" made from pre-ban recipes, but using techniques to eliminate the unnecessary thujone.
keep_it_cool...
I'll try again since it didn't go the first time.
states_is_everclear_illegal_in
without space before states
Screw it. Since it won't show up I guess you can't add a link to help out someone.
Like others have said, alcohol with caffeine isn't a new thing. Four Loko came under scrutiny because its easier for someone underage to get than hard liquor. You can just walk into a gas station and pick up a can, many places won't even ask for an ID. Kids are gonna find a way to get drunk. Four Loko is cheap so it became popular. And the colors aren't a marketing ploy to underage drinkers. If they are in the 8-12 range, a bright can is going to get there attention. At 15, it doesn't make much of a difference, its all about whats available. And the stores are making it available to minors, not the company.
when i was a teenager, packaging didn't matter. it was more about what was cool / popular / in style, how did something taste, but what always won out over all else was ACCESSIBILITY. what was there enough money for? what did the store have? what was the store willing to sell and what quantity? what would somebody of legal age agree to buy for underage teens? what could be snuck out of somebody's house? and let's be honest, in some cases, what could easily be stolen from a store?
the look of the four loko can IS a marketing ploy - it's meant to attract attention and to stand out from the other drinks in the same section. it DOESN'T mean it's targeted at under age drinkers. when i was a teen seeing a bright, flashy can wouldn't have made me automatically want to drink it. even as a 30 yr old adult who loves bright colors, the look of the can still doesn't make me want to drink it. partially because i have a high sensitivity to caffeine and the other part being that i mainly drink liquor and sometimes wine.
i was at bevmo a couple months ago and saw a tequila bottle that looks like a dia de los muertos calavera. did it catch my attention as i was walking past? yes. did i stop to get a closer look at it? yes. did it (along with a few other bottle in the same cabinet) stand out? yes. did i say to myself "i like that, it looks cool"? yes. did i buy it? no. even though the bottle had definitely got my attention, it didn't motivate me to buy it.
you can buy everclear 151 in california
hey retard,
Phusion said it voluntarily removed the stimulants caffeine, guarana and taurine from Four Loko last November
its not banned, it was fixed cause of people like this, how could he of ran away if he was drunk enough to get onto a highway. Ive never done that even when i was black out drunk.
They always are honors students, aren't they? It kind of undermines the notion of honors students if they keep dying from their own stupidity.
So true! Nice call.
classic!
Yeah Exactly....My girl is a middle school teacher were the ASB student Pres was arrested for smoking pot on campus. Honor student indeed.
Well how fun is that? Do you feel better now? It's a kid and kids do stupid things. Let me guess.. you were all 21 when you had your first drink and have always had a cab available? Oh wait.. if you have brats that age, something tells me they weren't selling a 6 pack in a can.
Anyway.. laughing at the misfortune of others and the death of a kid is only inviting heartbreak into your own lives. Hope all your love ones (oh and middle school.. Johnn.. I'm willing to bet you have a grandkid in a year or 2, or perhaps her own raging drug issue) are safe and sound and perfect. :) Many kids just do something stupid and I'm sure yours will be no different. Wait, I forget, this is NV, you all know everything!!!
smart people sometimes make stupid decisions. i'm not a stupid person but i have made stupid decisions or said stupid things before. i think they mention he was an honor student to imply something like he wouldn't have been drinking had he known how badly it was going to effect him.
my guess is, he got a hold of the alcohol and drank it assuming he'd be able to handle it. he was only 15, alot of teens think they're superman. i don't know how many teens i've seen puking all over the place or passing out or peeing their pants. i've also seen adults in their 20s, 30s, 40s, even 50s, doing those same things. it really comes down to bad decision making. they do decide to do things like - have a shot contest w somebody even though they rarely, if ever drink hard liquor, or they drink heavily on a nearly empty stomach, or they drink alot to show off and get carried away w it, or they drink alot even though they know they have a low tolerance for alcohol.
a good thing to point out here is that book smart does not necessarily equal real life smart.
keep_it_cool said:
Who is laughing? Not me. My post was written in melancholy.
Oh, I see. You're just taking this as an excuse to feel superior to others by looking down upon us. You are implying that by by pointing this out we deserve misfortune? That is laughable. Actually, that is quite sad. Someone once said that if you do that you are inviting heartbreak into your life.
Wow, talk about a lack of self-awareness. You exemplify this line more than anyone in the post #15 series. You get up on your soapbox after misreading the comments due to your biases (do not worry, everyone has biases that distort what they see).
Examine yourself before casting stones. But that is unlikely, since you will just assume that my comment is way off base (since you know everything) rather than to see how my comment applies to you. Perhaps you will choose to either insult me or wish ill upon me again. Or perhaps you will ignore this comment or even mockingly say, "see, I didn't even do x y and z!"
Notice how the parents always assume that it does.
If the parents had taught the child that alcohol is not something abuse this likely would not have occurred.
Yes, it is possible to teach a child the dangers of something, but many parents do not even raise tough subjects in the hopes that they do not ever need to. Many others who do try to teach, do not know how to properly do so. Just saying "don't do drugs" and "don't drink alcohol" are not effective ways to teach this to children.
Now-a-days, being an honor student doesn't really mean you're smart. It just means you're skilled at navigating the public school system. And I'm sure we all unfortunately know the state of public education in this country.
*sigh* ...To be honest, let's get this straight... The parents of a 15-year-old sue an alcoholic beverage-making company for their son's stupid behavior under the influence of alcohol...
Those parents are to blame. It doesn't matter whether the kid got his alcohol from them or not. He shouldn't have been drinking, especially enough to become that intoxicated. His parents knew that. The overseers of the event knew that. They probably advertised that there would be alcohol at said event. However, instead of telling him that he wasn't old enough (and dammit, I'm 19 and I don't drink. Not just because I'm not old enough, but because I'm not a freaking idiot), they let him go and get drunk.
I don't know of a single person who's actually so self-righteous as to think that this was the beverage company's fault. This is no difference than the parents of an obese kid blaming and suing McDonald's.
If this is what our country is coming to, then I've become thoroughly disgusted. You people make me sick, and you have less maturity than my 8 year old sister.
You people? What's that supposed to mean, you people?
lol..
I guess that's us, but 9 out of 10 are agreeing to what he said. Maybe he's experimenting with this beverage or sticking with the old hemp if he can't see that almost everyone is saying the same thing. I'm surprised that so many people are in agreement, kind of kills a good argument...lol
Four Loko has a hideous taste, it definitely isn't for those who are connoisseurs of fine drinks. It's gearded towards kids who want to be "wide awake drunk". Therefore the lawsuit has some merit in my opinion.
Kudos to Count Acumen as he indeed has a keen acumen!
Glad you morons are not changed with any great responsibilities in our society, and it's so nauseatingly clear that none of you higher functioning dolts contributing to this post achieved even a marginal understanding of the law of torts in your vast experience here on earth. Negligence; Strict Liability; Inherently Dangerous Activities; Negligent Advertising and Promotion; Advertising and Marketing Targeting vulnerable members of society.
Here you go, some points on Tobacco Litigation. See if you closed minds can draw any parallels:
What if with clear deliberation and intent LOKO was manufactured and designed with one "primary" goal (primary means just that - primary. There may be other goals but as long as the unlawful goal was the primary goal, then liability attaches) that being to break into an already dominated market by marketing alcohol to minors in pretty colored cans with a name that appeals as well?
If this was established to be true, would you have a different opinion?
Chocolate Bullets anyone? Nah, let me light up my candy cigarette. Whatever happened to those anyway?
It taste like crap so it's obviously "geared towards kids"?? Well I must say, you missed your call in law my friend!
Let's sue whoever invented the margarita too, yuck!
A good idea. Anytime anyone is killed by a drunk driver is a good time to sue the alcohol manufacturer. Amazing how the government goes after cigarettes, yet leaves booze untouched. That needs to change.
Let's see-which is worse, cancer (maybe) from cigarettes, or liver cirrhosis or death of another person via auto accident from alcohol.
How can you say yuck to the Margarita? lol.
How can you sue an alcohol manufacturer for your own lack of parental supervision? It's tragic, but the responsibility lies with the parents.
Did your parents know everything you did? NO!! Teen-agers can not be supervised 24/7. Parents talk to the teens, but it is the teen who makes the final decision. Think about the crazy decisions my made, but lived to bragg or tell about it. As a formal teacher and teen-agers, I realize that was impacts the teen most is his or her peers.
I agree. Better sue the kids friends as well.......
So your saying we are responsible for our own actions and sometimes they may lead to death. Sorry I am going feel sad for women raped or beheaded before feel sorry for a drunk teenage.
what is a formal teacher?
LindaE, AKA formal teacher, You are right. This was a teen, not a toddler. How can anyone blame parents? And what if it were Bud Light?? Sue Budwiser?? I hate the kid died, BUT it is just a tragic thing......
Bob
What does your "rant" have to do with this story? Did I miss something?
Sorry Bob
I think I picked up a post from another link somehow.
c'mon people these parents lost their son who was an honors student who enjoyed playing lacrosse. Clearly it was the makers of the drink that are responsible. Also the car manufacturer that made the car that hit him. Oh and of course the driver that hit him. The city for planning and paving that particular highway. Oh, and let's blame the "snitch" security guards for calling his parents and making him leave. Let's leave those poor parents alone who were allowing their underage son to attend a concert unsupervised (hmmmm, wonder if it was on a school night). Get a grip people out there & be ACCOUNTABLE ! If you don't want to be accountable then STOP having kids ! ! ! ! Hmmm, wonder if he got the drinks from his parents fridge ! Like someone else said - STOP BLAMING OTHERS FOR YOUR FAILURE !
i hear the sarcasm you are trying to get across in your post, and i have one question for you. have you never attended a concert under the age of 21 with your friends and no parent? how about 18?
i get that the parents are trying to find some way to make themselves feel better, however, we should not ridicule them, they have buried their child. the child made a mistake and suffered the ultimate consequence. it is sad. do i think they should sue, no. but you should not ridicule them. have compassion.
Carol.. unfortunately, this is what we have in our society. Sure, the parents can be wrong and they can be going about this the wrong way.. and they'll find that out.
But it's more disturbing to see the absolute GLEE these posters have over the situation of a kid. These are the kind of people I would walk past if they were on fire.
I don't see much glee about the kids death, but a lot of cold hard facts about these parents blame in this. IF they were not suing this beverage company, we would not be on here. They are trying to pass blame to someone else other than themselves and make some money at the expense of someone else and don't you find it rare that 90% of the people on here are in some way, shape or form actually blaming these parents for their lack of parental guidance. You rarely see this many people agreeing on anything and it's rather refreshing, I'd like to think that we are all right.
So keep it cool you feel sorry for someone whose own actions lead them to death then someone who may had no hand in a fire being hurt by it? I am the complete opposite I feel heart broken knowing someone is hurt by actions they cant control like genocide, terrorism or a fluke. I feel less sorry if a person own actions like this teenage is responsible for death.
Mmm...kay... Weird post dude.
In addition to the Four Loko, water, juice and soft drinks were also being sold. The kid purchased the Loko because that is what he wanted. Moreover, the fact that he consumed multiple cans of the drink suggest an overdose. It is also possible that it was not his first taste of the product. So, rather than blaming the company perhaps the parents should do something more constructive like warning other kids about the dangers of the product.
They prolly do.. unless you know more than the rest of us.
Wait a minute here-who sold the boy the drink? Or who supplied the boy with the drink? And how can you possibly know if this was or was not his first taste of the drink? Apparently he wasn't accustomed to the effects of the drink. So I'd take a guess that this was probably his first.
The four loko people should sue parents who do not keep up with their kids.
It is absurd to blame a 15 year old for irresponsibility and poor judgement to this extent, and place no expectations on mature adults who possess the brainpower and planning to create a company and a product. This product is not safe for anyone. It should not exist, period. If drinking two cans of it causes symptoms of dementia, why is the sale and production of this legal?
Why is it legal? The Constitution of the United States of America. The 21st amendment to be exact.
It may cause symtoms of dementia in a MINOR, who does not drink. This product is intended for those 21 and over only!!!! Who knows where the boy got the liquor from, in any normal adult , this wouldn't have happened. I am very sorry for the parent's loss, but this is no way the maker's fault.
CHRISTINE, any damn alcohol can make anyone act Demented. I have seen it happen to all ages. I do not believe 15yr olds are stupid. Kid made a bad choice......we've all done it...been stupid, made bad choices. No one to blame but my self.....even at 40something.....
I have teenagers, and they do things like this, and I know I am not to blame, and Four Loco isn't to blame, either. It's a sad story, and should serve as a warning all. I don't think it's fair that Four Loco make a huge payout for an accident where the child obtained the product illegally, sorry!
RIGHT jmk!!! I'm with you! OK, all you others blaming the parents.......maybe
they should be sued??? Makes as much sense as sueing the LOKO makers... silly, wrong, scary actually.