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Does personal responsibility not exist anymore? The menu and advertising for the drink clearly show that it has a high caffeine content.
The drink has about 260mg of caffeine which, while high, isn't outrageous or unsafe to most healthy adults by any means.
Maybe someone can show me how I'm being a heartless arsehole but I can't find any negligent action on Panera's part that would make them to blame.
You either did not read even half the article, or you did and then completely forgot or ignored the contents. Which was it?
Ah yes "personal responsibility" the rallying cry of empathy free assholes everywhere. And yes you are an asshole for that victim blaming shit opinion of yours.
I mean, personal responsibility IS a thing, it just depends on context. In this case, there seems to be plenty of reason to think the company is at fault.
It does. But we still have safety stickers and ingredient lists, etc for a really damn good reason.
Absolutely. Legally speaking, the warnings/labeling are crucial. And they depend heavily on context. Using a common name like lemonade in a unique way puts the threshold even higher.
Also legally speaking, people blaming the heart condition fail to understand US tort law. The responsibility falls to the provider, not the victim, even if they are unusually fragile (have a heart condition). This is the eggshell skull aka eggshell plaintiff doctrine, very well established in US law.
And if you dive deep into the train of thought of what happens without it (companies blame everything on too fragile/frail of people), most people find it to be reasonable.
The provider must make it safe for everyone OR place adequate protections/warnings that make it very clear who it’s not safe for. Seems like Panera failed on both accounts.
https://www.law.cornell.edu/wex/eggshell_skull_rule
260mg is in the 20oz version, but I'm pretty sure you can get whatever giant sized drink you want. The article said she had a 30oz drink which has 390mg of caffeine. Also, even just 260mg of caffeine is WAY more caffeine than anyone needs in one drink, even if its considered "safe". There's literally no reason for it. Something that's self serve and has that much caffeine should have a giant warning on the front and require a waiver to be signed first. I looked up the picture of the machine where the drink is served, and it says at the very bottom how much caffeine is in it, but if someone is on their way to work or class then they probably aren't stopping to read the literature on what they thought was just plain lemonade
A waiver for a 260mg drink? A large monster can is close to that. A Bang Energy is 300mg.
Should they be that strong? Up to you to decide. But saying you need a waiver for something that's already widely available is nonsense.
My googling says 160mg for a 500ml monster. I wouldn't call that close.
The larger Monster is 24oz/700ml - the one with a screw top - and it has 240mg.
I've never seen a 700ml energi drink. Must be a regional thing.
All of those should require a waiver. Better yet, they shouldn't exist at all at that strength. Just because they are widely available doesn't mean they are safe. There is literally no reason anyone ever needs to consume 260mg of caffeine in one sitting. If someone can't wake up with less than 300mg of caffeine in their system then they need to seek immediate medical attention because they are into full on addiction at that point.
The marketing was factually wrong and very misleading.
I also made the mistake. Personally I don’t care, especially since I was looking for a flavor shot with soda, but these are in the same dispensers that used to hold juice, in the same spot, and there probably still are some regular juices there. I suppose we should read every sign, but it’s not in human nature. Who would think to check the caffeine content of what appears to be juice?
I imagine that signs are posted, but it’s set up to be misleading. Panera missed the opportunity for splashy marketing (at least where I was) which could have both sold more and communicated better
The article claims it has 390 mg and was sold alongside noncaffeinated drinks, though I'm not clear exactly how misleading they were about the amount of caffeine in there. I agree with you -- it seems wild to me that an adult with a heart condition like that wouldn't check any caffeinated drink to see the caffeine quantity before drinking it...
The issue is that she didn't know it had caffeine, presumably because it wasn't obvious when ordering it. She may have just thought "charged lemonade" was the name they gave their regular lemonade drink and didn't think anything of it. I wouldn't think to ask for the caffeine content of a lemonade, either.
I'd say it depends. I've never seen an ad for panera lemonade, and I don't need to look at a menu to know what lemonade is. Many drinks sometimes have caffeine, like root beer or orange soda. You have to be careful about which brand you're getting. There are zero caffeinated lemonades on the market besides lemonade flavored energy drinks and Panera.
260mg is the small. The large has 390mg. 400mg is where the fda says adverse effects begin for normal people. That is a lot of caffeine under any circumstance.
Did she order a lemonade and get a max dose energy drink, or did she specifically order a max dose energy drink?
Because the people who have even only skimmed the article or the quotes in this thread know the article already answers basic questions about personal responsibility.
You did read the linked article, right?
Correct. Same goes with allergies etc.