Sarah Katz, 21, had a heart condition and was not aware of the drink’s caffeine content, which exceeded that of cans of Red Bull and Monster energy drinks combined, according to a legal filing
Reporting in after having just come from Panera due to this article. Didn’t read article, and it might be click bait or might not. I do know that the drink in question is slapped right beside all the typical juices and sodas, and the label says “contains as much as our dark roast coffee” then below that, even less obvious it gives serving sizes & caffeine amounts. Call me crazy, but I doubt your average consumer is going to consider just how much caffeine might be in LEMONADE.
Panera is definitely losing this one. It could even be argued that they chose a product with that much caffeine and to not really advertise it based on the amounts of caffeine of the 30oz literally being a hair’s width away from the potential danger threshold.
My biggest question is what is the market for this? Who is like: I really want a lemonade but I want it to have more caffeine than a redbull! It seems like such a weird product in general.
If you want caffeine and you are at a bakery, you are going to get a coffee or tea. If you are at a bakery and want lemonade, you probably aren’t trying to get ‘charged’ or else youd just get a coffee or tea.
There’s still a large number of us wondering wtf the market for Red Bull is. I want a drink with the flavor and consistency of watered down Stretch Armstrong guts with more caffeine than anything that has ever existed. It seems like such a weird product in general.
I’m apparently one of the few people that actually like the taste of redbull, but talking about market, redbull is all about giving people energy, be it real or not is another thing, people buy it when they want to party all night long, when they need to study for a test and don’t want to fall asleep or whatever else related to energy (or just because they like the taste like me lol) so the market does exist.
And since taste was talked about, I absolutely hate the taste of beer and especially those high hop content ones, but they’re incredibly popular, what’s up with that?
Who is like: I really want a lemonade but I want it to have more caffeine than a redbull!
It doesn’t have more caffeine than a red bull per unit volume. But yes, if you compare the largest size to one can of red bull it will win out. So will drinking a similar volume of coffee.
And I’d guess the market for it is people who want coffee levels of caffeine but don’t like the taste of coffee or the citrus battery acid taste of energy drinks.
The 30oz size has 390mg caffeine. The FDA says 400mg a day is not generally associated with harmful effects for adults without heart conditions etc. If the FDA says up to 400mg is fine, I don’t think it’s fair to call that the “danger threshold.” That’s like calling the speed limit the “danger threshold.” It’s set there for a reason, but you don’t go from “no adverse effects” to “danger” as soon as you cross the line.
It’s advertised as having the same amount of caffeine as their coffee. 30oz of coffee is a pretty significant amount. Not typically dangerous, but hardly something you can drink by accident.
390 in a serving versus 400 per day.
That’s an entire days worth in one blast.
Most people normally don’t drink their caffeine over a 24 hour period. Maybe a couple hours. The half-life of caffeine in the body being about 5 hours, the peak concentration of caffeine won’t be that much higher. Note the FDA doesn’t say “400mg is safe but only if you don’t drink it all at once.”
I don’t think they will lose. It clearly states charged lemonade which most people will understand means caffinated. Even if you don’t know that means caffinated it has lettering that is more than large enough that states it has caffeine as well as the amount. It is so apparent that this is caffinated and just as apparent how much it is. It sucks this lady died but either she is also blind as a bat or she decided to gamble and drink it.
The warning has to be reasonable for its purpose. Intended and likely to reach the consumer, and to be understood. It’s meant to fairly apprise consumers of the material risks.
There is nothing resembling a warning. That’s fine if it’s just regular lemonade. It seems to me to be positioned as basically regular lemonade and otherwise indistinguishable except for “charged,” “# mg caffiene,” and “natural ingredients.”
This information seems inadequate based on the seriousness and likelihood of the material risk. The girl’s condition is apparently pretty common, the seriousness of the danger is deathly, and the likelihood that consumers in the girl’s position are as likely as not to understand the danger. More is required.
The average consumer does not know about dosages of caffeine in milligrams, and possible side effects. The labeling seems hardly likely to inform a consumer that one glass of lemonade they are about to drink is the equivalent of drinking three cups of coffee. Who the fuck puts caffiene into lemonade? Is it even lemonade?
Edit: speech to text has gotten worse lately. Also, I have to wonder whether anyone asked for this product? I wonder what the focus groups said. Did they even do them? The more I think of this the worse the idea seems.
The sign says outright that it has as much caffeine as coffee. If drinking an amount of coffee would be too much, drinking that much charged lemonade would be roughly equally too much.
Also, apparently she had a medical condition that meant she shouldn’t be consuming large amounts of caffeine. And she ordered and consumed a large amount of caffeine. That’s what killed her.
This is akin to arguing that a restaurant is responsible if someone with a shellfish allergy orders the shrimp.
