this post was submitted on 06 Dec 2023
511 points (97.8% liked)

News

23452 readers
4441 users here now

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.

founded 2 years ago
MODERATORS
 

Panera Bread’s highly caffeinated Charged Lemonade is now blamed for a second death, according to a lawsuit filed Monday.

Dennis Brown, of Fleming Island, Florida, drank three Charged Lemonades from a local Panera on Oct. 9 and then suffered a fatal cardiac arrest on his way home, the suit says.

Brown, 46, had an unspecified chromosomal deficiency disorder, a developmental delay and a mild intellectual disability. He lived independently, frequently stopping at Panera after his shifts at a supermarket, the legal complaint says. Because he had high blood pressure, he did not consume energy drinks, it adds.

you are viewing a single comment's thread
view the rest of the comments
[–] [email protected] -2 points 1 year ago* (last edited 1 year ago) (1 children)

How is any of that the fault of Panera bread? And why can’t you answer that simple question?

The amount in the lemonade was approved by the FDA, and it is every person‘s responsibility to check what they consume before they do so. The person had a pre-existing health condition, and that is not Panera bread‘s fault, either. 

You can’t just go around blaming everyone else for your own mistakes.

[–] [email protected] 0 points 1 year ago* (last edited 1 year ago) (1 children)

How is any of that the fault of Panera bread? And why can’t you answer that simple question?

I did answer the question. Let me repeat incase you have trouble reading.

They called it lemonade, put it in a lineup among non caffeinated drinks (right next to their regular lemonade), put zero warning labels on and offered free refills on a drink that rode so close to the line of safe daily intakes that having two would cause serious problems even in healthy people.

They basically did everything they possibly could to hide this information. A single line in an ingredients is not sufficient warning because no reasonable consumer would check the ingredients of a lemonade for dangerous levels of caffeine.

The amount in the lemonade was approved by the FDA

Nope! FDA doesn't actually regulate restaurants, and Charged Lemonade isn't something that can be bought in store, only at Panera restaurants. FDA officially has no jurisdiction here:

https://www.fda.gov/food/food-industry/how-start-food-business

Examples of Food businesses NOT regulated by FDA:

Retail food establishments (i.e. grocery stores, restaurants, cafeterias, and food trucks), which are regulated by state and local governments.

Farmers markets

[–] [email protected] -2 points 1 year ago (1 children)

What you’ve done is mix fact with opinion to massively misrepresent the situation. You’re welcome to try that in a civil lawsuit, but if I’m on the jury, I would vote to dismiss the case. 

[–] [email protected] 1 points 1 year ago* (last edited 1 year ago) (1 children)

What did I mix, exactly? The only bit that is opinion was me stating they did everything they could to hide the information.

[–] [email protected] -1 points 1 year ago* (last edited 1 year ago) (2 children)

I’ve stated my case, and I find your counter argument insufficient. If you’re looking for some endless debate, you’re not gonna get one. The guy knew his health situation, drank a drink he knew better than to drink labeled charged lemonade. Panera bread is not responsible for a risk that the man took knowingly.

Sorry if that’s not good enough for you, but it’s going to have to be. Have a good night. 

[–] [email protected] 3 points 1 year ago* (last edited 1 year ago)

Just throwing in my 2¢ here, your argument is devoid of any logic. You're assuming he knew that those drinks had caffeine, even though the source specifically states the victim intentionally avoided caffeine due to his pre-existing condition. "Charged" isn't a term that is typically used for drinks to indicate they have caffeine. Might as well call it zesty or smoky as neither of those terms imply any potential harm. It was negligent of Panera, most lawyers who have publicly commented or reviewed the claims agree that Panera will be found culpable or settle out of court. Being intentionally dense and abrasive isn't an argument.

[–] [email protected] 1 points 1 year ago (1 children)

I’ve stated my case, and I find your counter argument insufficient.

If you don't actually have a fact based response, just say so.

[–] [email protected] -1 points 1 year ago* (last edited 1 year ago)

Lol, good night