NY Judge Denies Four Loko Maker's Bid To Nix False Ad Suit

Law360, New York (September 27, 2012, 7:16 PM EDT) -- A New York federal judge on Thursday refused to toss a putative class action accusing Four Loko maker Phusion Projects LLC of deceptively marketing the caffeinated alcoholic drink to inexperienced young drinkers and hiding potential negative health effects.

U.S. District Judge Norman A. Mordue rejected Phusion's arguments that the action is moot because the company had already offered to fully refund plaintiff Jeremiah Yourth's Four Loko purchases and any costs incurred in the suit.

A rule mooting a putative class action by offering to satisfy the...
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