News
Welcome to the News community!
Rules:
1. Be civil
Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.
2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.
Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.
3. No bots, spam or self-promotion.
Only approved bots, which follow the guidelines for bots set by the instance, are allowed.
4. Post titles should be the same as the article used as source.
Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.
5. Only recent news is allowed.
Posts must be news from the most recent 30 days.
6. All posts must be news articles.
No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.
7. No duplicate posts.
If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.
8. Misinformation is prohibited.
Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.
9. No link shorteners.
The auto mod will contact you if a link shortener is detected, please delete your post if they are right.
10. Don't copy entire article in your post body
For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.
view the rest of the comments
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.
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.
More than you get from one lemonade, for a healthy person. Not much less than the FDA recommended maximum per day if we're talking about the largest size, but the gap between "maximum recommended" and overdose is a reasonable bit. If you've ever known someone to drink more than four cups of coffee, or as many energy drinks (or as few as 2 for certain brands), you've known someone who exceeded the recommended maximum. You have to go a fair bit past it to have acute issues if you are otherwise healthy.
If you have a medical condition that restricts your diet, it is on you to know what you can and cannot have and on the restaurant to make it clear when something unexpected might contain the thing. I'd argue Panera, by analogizing the amount of caffeine to an equivalent volume of coffee and also giving the explicit numerical amount in each size the drink was offered in did that.
Imagine someone suing a restaurant because they ordered a dish that contains shellfish and they have a shellfish allergy. The menu spelled out that it contained shrimp, but how is anyone supposed to know that shrimp is shellfish?
180mg/L of blood. How much this requires ingesting is not well studied, but based on known cases is at least 5g, possibly 10g or more for a typical adult. FDA recommended maximum is 400mg.