When and to what extent are food retailers liable for ensuring that consumers know precisely what is in the food and beverages they purchase? This debate has persisted for years, involving fights over whether fast-food restaurants needed to disclose to vegetarians that its fries were being cooked in animal fats to discussions about which retailers should provide easy-to-read calorie counts next to each menu item. These persistent arguments have entered a new phase though, focused on caffeine content. A college student with a chronic condition that led her to assiduously avoid highly caffeinated items recently purchased and consumed lemonade from Panera Bread that, unbeknownst to her, contains massive amounts of caffeine. Within hours, she had gone into cardiac arrest and died. According to a suit filed by her parents, the young woman would never have knowingly consumed such a product, and Panera is responsible for misleading her, because it marketed its Charged Lemonade as “plant-based and clean,” then located it in stores next to other, less caffeinated beverages. Although the company’s website clearly lists the massive caffeine amounts—390 milligrams for a large serving, which is equivalent to the amount in energy drinks like Red Bull and substantially more than is in a large coffee—the suit alleges that marketing signage in the store failed to present such information. The lawsuit also involves a demand for Panera to identify, market, and advertise Charged Lemonade clearly and explicitly as an energy drink, in the hope of avoiding any similar tragedies in the future. But is it responsible for doing so, or must consumers beware and research what they eat before they order?

 

Sources: Elizabeth Clark, “Family Sues Panera Bread After College Student who Drank Charged Lemonade Dies,” NBC News, October 24, 2023