Legislator Seeks Caffeine Label Law Following 2022 Death Linked to Charged Lemonade

A U.S. representative from New Jersey aims to introduce new laws designed to enhance openness regarding caffeine levels, three years following the tragic demise of a college student with a preexisting cardiac issue who drank an extremely caffeinated lemonade.

In tribute to the 21-year-old student, the Sarah Katz Caffeine Safety Act mandates that restaurants must indicate on their menus and drive-thru boards if an item has 150 milligrams or more of caffeine. This quantity is equivalent to approximately one 16-ounce caffeinated latte or around three cans of Diet Coke.

The legislation proposed by Representative Rob Menendez, D-N.J., would additionally mandate that energy drink manufacturers disclose the levels of caffeine and other stimulating substances contained in their products.

It’s straightforward. Our aim is for all consumers to be aware of what they're consuming," he stated during a press briefing on Monday. "This update will guarantee that everybody, regardless of age, can enter a store or select an item from a menu and confidently ascertain the amount of caffeine present in their beverage.

This cross-party bill would likewise instruct government departments to boost public awareness regarding the impacts of caffeine and to examine how energy drink companies target youth with their marketing strategies.

Menendez presented the bill towards the close of last year. This week, he brought it back again in Katz’s hometown of Jersey City, with her parents and several others who had lost their children to unexpected cardiac arrests standing beside him.

“I think Sarah would be really proud,” her mother, Jill Katz, told NBC News on Wednesday. “She can’t help people anymore, but we can.”

Katz was diagnosed at an early age with a hereditary heart condition known as Long QT syndrome, which the American Heart Association characterized as a condition affecting the heart's electrical system, which can lead to irregular heartbeats. This issue can typically be controlled through medications and adjustments in daily habits; Katz heeded her physicians' advice to steer clear of energy drinks.

In September 2022, Katz purchased a Charged Lemonade at a Panera Bread location in Philadelphia, and subsequently experienced cardiac arrest, as stated in a 2023 lawsuit alleging wrongful death. legal action initiated by her relatives that ended in a settlement Last autumn at Panera. According to a friend who spoke with NBC News, Katz wouldn’t have drunk the lemonade if she knew its contents: A big cup of Charged Lemonade included 390 milligrams of caffeine when served without ice, exceeding almost the entire recommended daily limit of 400 milligrams set by the Food and Drug Administration for healthy adults.

The beverage included guarana, an additional stimulant often present in energy drinks. According to the lawsuit, the Charged Lemonade was made available alongside caffeine-free options at self-service stations. It described this as a "hazardous energy drink" that Panera ought to have been aware might lead to "severe harm or even fatalities."

Panera has refuted any misconduct in legal filings. Following the lawsuit, they implemented several modifications, such as relocating the Charged Lemonade behind the counter and revising their nutritional data to indicate the amount of caffeine present in the beverage when served over ice. Additionally, they introduced conspicuous signage warning customers that the Charged Lemonade contains caffeine, advising moderate consumption, and recommending against serving it to children, individuals sensitive to caffeine, expectant mothers, or those who are breastfeeding.

In May, the bakery-café chain revealed it was discontinuing the beverage part of a "recent menu revamp."

The initial lawsuit was one among at least four that Panera ultimately encountered regarding its Charged Lemonade. A subsequent case attributed a fatality in Florida to this beverage, whereas the remaining two suits claimed that the drink led to irreversible heart damage in otherwise healthy individuals. These last three legal actions are still pending.

Panera has maintained the integrity of its products. After the second fatality, they stated that they believed "the customer’s tragic demise was not due to any of the company’s items."

Menendez’s legislation has received support from the American Academy of Pediatrics, cardiovascular health organizations, and various consumer advocacy groups.

The stimulating effects of caffeine serve as strong motivators for businesses to incorporate it into their goods at concentrations greater than what numerous customers might desire, particularly in items targeted towards young ones," stated Thomas Gremillion, who leads the food policy division at the Consumer Federation of America. "The Sarah Katz Caffeine Safety Act introduces a balance against such counterproductive motivations, enabling individuals to determine the appropriate amount—or choose not to consume any caffeine at all.

The American Beverage Association, which represents industry interests, informed NBC News that virtually all producers of energy drinks already voluntarily abide According to the organization's rules for labeling, this involves stating the overall quantity of caffeine derived from every source on the containers. (Components like guarana are included in the drink's nutritional information section.)

For over ten years, the top American producers of energy drinks have surpassed federal mandates regarding responsible labeling and marketing techniques," stated the organization in an email. "They do this by listing the complete caffeine content derived from every source on their product labels and maintaining their longstanding pledge never to target advertisements towards minors.

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