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She knew she had the condition and avoided high caffeine drinks.
She did not know about the caffeine content, 390mg in the large lemonade, due to poor labeling by Panera. This one drink is 10mg less than the maximum daily dose for HEALTHY person according to the FDA.
Given the lack of consuming any other caffeine products regularly due to her knowing about their impact on her heart, it is not a leap to say the lemonade was the culprit.
Further, the lawsuit alleges harm, even if not the sole cause of death, from their product due to not making it clear to the buyer that contents has so much caffeine.
According to coffeechemistry.com, one liquid ounce of espresso can have anywhere between 30 and 50mg of caffeine. That means that a double shot will likely have anywhere between 60 and 100mg.
She bought a lemonade, without caffeine labeling, that contained 8 shots of espresso in caffeine. Cause of death or not, the legal culpability and reasonable expectation that this would not be in its contents is clear as day.
This will never go to trial.
I know nothing about this lawsuit but if she ordered this from a delivery app then there would be zero indication during purchasing that it is caffeinated
Having seen the labeling, I would say it's the opposite of poor. They're far more focused on the caffeine in this lemonade than I would have expected on first reading the story.
Either signage was missing, or she did the food equivalent of driving the wrong way up a one-way because she was texting.
This is the point.
The location.
In question.
Did not.
Properly label.
The contents.
This will be a shock to some of you, but the practices of a multimillion dollar franchise across many states can in fact have deviation at one location. People’s experience at locations since the event, at locations other than where it occurred, is not a sum guarantee of what happened at the time of this incident and location.
Got any info that points to that? All the articles I've read complain that the standard signage isn't clear enough and that "as much caffeine as dark coffee" is somehow misleading.
I agree. I've been reading the complaints. They do have standard marketing for this, and the articles are attacking that standard marketing, not saying it was missing.
Somehow?
A dark coffee has up to ~40 mg of caffeine.
This was nearly 400.
I would say being off by 10X is pretty fucking misleading.
I get it now. You really don't know much about caffeine or coffee, huh? Keep an open mind and read my reply carefully.
An 8oz Dark Roast coffee is approximately 100mg of caffeine. The same sized light roast coffee is closer to 150mg of caffeine. Panera's smallest dark roast is 214mg of caffeine. ~40mg is a 4oz half-cup of lowish-caffeine coffee.
Have you ever seen or held a 30oz cup in your hand? It's freaking massive. In US terms, it's a QUART. In rest-of-the-world terms, it's almost a liter. Every beverage a fast food joint sells is unhealthy at that size (probably including their local filtered water). But the ONE ingredient that isn't unhealthy in all that is the caffeine! The sugar or sweeteners are the real villains there. 400mg of caffeine for 30oz is simply not excessive. Is it a good amount? Sure. It's about 2/3 as strong as coffee. You shouldn't treat it as a caffeine-free beverage. Obviously.
Per Panera's own nutritional info, this 30oz caffeinated lemonade has about the same total caffeine as a large 20oz hot coffee (which is TINY for a large in the US, but you get free refills as Panera). You're comparing a 30oz caffeinated lemonade to a 4oz half-cup of lower-caffeine coffee. But as I said, I think it's ignorance and not bad faith.
So hopefully I've just educated you.
I saw a picture of the lemonade dispenser herw and the caffeine content was shown quite clearly
The caffeine content was on the label but rather small for such an extreme amount. Additionally, it was not put in relation to anything for 2 of the 3 lemonades, they only wrote the coffeine content in milligram, very few people can relate to this information without looking it other drinks.
For one of them, it claimed to be in similar strength as their coffee, which was a lie according to the lawsuit, as their coffee has "normal" coffeine content.
It's not a lie. 30oz of the lemonade has as much caffeine as 30oz of their dark roast coffee. That's a lot of coffee.
I have rechecked the image and the coffee comparison was for 2 out of 3.
You are right, that the concentration of the caffeine was as high as it is in a normal cup of coffee. But the caffeine content was given as an absolute value not as a concentration, so it was misleading. But you are right, it was not a lie.
Their text can be easily interpreted as an comparisons of the large or small lemonade with a large or small cup of coffee. Which is not an unreasonable thought, as 30 oz of Cola has roughly the same amount of coffeine (83 mg) as 1 cup of coffee (96 mg, according to Mayo Clinic).
"As much as our dark roast coffee" isn't an absolute value, but I think there really should be a sticker saying "Warning: high caffeine content / approx (x mg small) (y mg med) (390mg large)". This sticker should appear clearly next to the menu items as well as on the cups. Self-serve stations should probably be removed since kids are vastly more likely to drink a ton of lemonade compared to hot, black coffee.
I drank a few of these not sure if it was "as much as a regular coffee" or "as much as an equivalent size." I didn't think twice because I take a lot of caffeine anyway, but I shouldn't have had to google it.
I can see how depending on the circumstances of obtaining the drink, one might not know there is caffeine in it at all:
ordering from a third party online app that doesn't have all the right names, descriptions, and pictures
ordering through a third party proxy or having the item described to you by a third party ("anyone want anything? They have lemonade...")
There really should be a clear notice right on the thing you're about to drink from, of exactly how much caffeine is in it. No marketing crap ("it's charged!") or vague comparisons ("as much as our coffee") suffices.
How about a giant sign that says "390mg large" that everyone is just complaining that "how could she know that 390mg was too much"? Because it does actually have the number 390mg on the sign attached to the machine.
The funny thing in this case is that many people replying to this about what Panera should have done are naming things that Panera had already done in this case.
It does have 390mg large on the machines, but it's easy to miss. I do think it should be way bigger and have way more contrast, preferably a black/white standardized sticker. It doesn't have the mg amount on the cups, or if it does, it's really easy to miss.
I don't pour my drinks at 4' distance, and pictures at a closer range make the sign as obviously in-your-face as it looks in person (my experience). It's approximately the biggest, most blatant signs I've seen on a drink dispenser. Not to mention the massive underlined "caffeinated" on the well menu, and the giant floor signs in front of it advertising how caffeinated it is.
Per the sign: "30fl - 430cal - 390mg caffeine"
It does, and that is below the big ad-line about how it's "as much caffeine as our Dark Roast Coffee".
The real problem here is that they were REALLY pushing the caffeinated nature of the lemonade as a value-add, so it was (nearly?) impossible to miss. We don't know the poor girl missed that sign (as it's unlikely she did), and we can tell that fact because the family's lawyer is also already pushing a second argument that the "as much caffeine as our dark roast coffee" is misleading.
On the cups. The thing that people actually put up to their face and drink. There's a billion reasons why you wouldn't see the sign on the dispenser.
It's not even close to impossible to miss. It's really quite easy.
You mean the standard Panera cups that you use for everything from water to iced tea? Panera is self-serve.
So putting a caffeine warning on the cups used for water and sprite is the right answer, in your opinion? Maybe armed guards for every allergen scanning your wrist?
Agree to disagree. A reasonable person wouldn't miss it if they were paying attention. Do you have any severe food allergies? This really compares favorably to that because typically I get far less warning of an allergen in food than people get of beverages having a little caffeine in them. I don't get "warning contains lobster" on my food plates.
Yes. These ones. The ones for the charged lemonade.
This isn't a little caffeine, this is an uncomfortable amount of caffeine for most people who aren't regular coffee drinkers. Obviously a dangerous amount for people with heart conditions.
Interesting. A lot of Paneras use and advertise regular cups with this (just look at some marketing images to confirm). None o fmy local Paneras have them. I'm not sure there's a NEED to advertise it on a cup, but why not if it's custom I guess.
The FDA doesn't think so. But then, what is "Uncomfortable"? I can't handle the sugar in a can of Coca Cola. I want giant "fuckton of sugar" warnings. And water. If I drink more than 3 or 4 of my water bottle a day I can end up with real medical issues. Giant "don't drink to much water" signs on it?
The problem is that 400mg is not that much in the reality at the restaurant where it was purchased. It's a coffee and sandwich shop, and it's been known for bottomless coffee forever. Guess what happens if you get a bottomless large coffee and refill it just once? 800mg of caffeine baby.
It's literally up there with the most amount of caffeine you can get in one item from the restaurant.
Anyway, really boring argument.
That seems like an odd line. So this drink that's advertised as being just as caffeinated as coffee has a bit less caffeine than coffee. News at 11.
Agreed