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
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
Does it change your mind if there’s a large sign on the dispenser saying it’s highly caffeinated and including big bold caffeine content numbers?
We don’t know if the sign was there in this tragedy, but we know it’s standard Panera marketing to have it there.
If there’s a sign clearly indicating high caffeine content, sadly I think that’s on her. If there isn’t, then I can see Panera being somewhat liable. It seems similar to food allergies, where people who are allergic to, say, peanuts have to check food labels and food companies have to clearly label the presence of peanuts.
When I hear “charged” lemonade I assume it’s caffeinated but maybe not everyone has that understanding.
If I were on a Jury (never happen), “charged” wouldn’t be enough for me, but clearly visible signage would.
I don’t know how much responsibility I’d put on her, honestly. There’s a lot worse things that have gone un-remarked for decades. Like, did you know that “imitation crab meat” often has lobster in it? And is often sold in things with “crab” in the name? I’m highly allergic to lobster and not allergic to crab. I still only get things with “crab” in them at places I know I can trust not to use said imitation meat.
So I look at that, and it’s hard for me to fault Panera for it especially because I can see how much they’re marketing it as highly caffeinated online and in my local Panera. Not impossible to fault them (I’d have to see/hear the whole story), but difficult.