Jakub Sobkowicz
Associate Editor
Loyola University Chicago School of Law, JD 2027
On May 7, 2024, Panera Bread removed its popular line of ‘charged’ lemonade beverages from its menu following multiple lawsuits alleging that the caffeine content of the drink led to death or serious health problems of customers. One such death occurred in September 2022 when a 21-year-old woman unknowingly consumed 390 milligrams of caffeine in one charged lemonade drink which aggravated her heart condition and led to cardiac arrest. These lawsuits highlight the dangerous reality of caffeine consumption which likely could have been avoided if Panera Bread had clearly displayed the caffeine content of its drinks. However, Panera Bread was under no regulatory obligation to display the caffeine content due to a major gap in the current beverage labeling regulation from the Food and Drug Administration (FDA) which does not require any disclosure of caffeine quantity. This regulatory gap poses a growing risk to consumers as new energy drink brands continue to enter the market and push competition by increasing the amount of caffeine packed into each product. In order to fulfill its obligation to public safety, the FDA must introduce regulations to standardize the disclosure of caffeine content to allow consumers to make informed decisions about the products they are choosing.
Health risks of caffeine consumption
As a stimulant, 400 milligrams of caffeine is the maximum safe daily intake for a healthy adult. This maximum reduces to 200 milligrams for women who are pregnant or breast-feeding, 100 milligrams for adolescents ages 12 to 17, and is considered unsafe for any consumption by children 11 and younger. Consumption above these amounts can lead to numerous health risks including high blood pressure, headaches, anxiety, heart palpitations, tachycardia, insomnia, and more.
Trending now: caffeine consumption through energy drinks
According to a survey conducted by the Nutrition Journal, 87% of Americans consume a caffeinated beverage at least once per week, with 29% of caffeine consumers preferring energy drinks. In recent years, the energy drink industry has exploded as annual sales of energy drinks in the United States have increased from $11.05 billion in 2017 to $18.51 billion in 2023. The growth of this industry is led by popular brands such as Red Bull, Monster, Celsius, Bang, and Prime which typically are sold in 12- or 16-ounce servings containing 150 to 300 milligrams of caffeine. This trend is especially concerning as almost one-third of adolescents between 12 and 17 years consume these energy drinks regularly and are exceeding the daily safe maximum caffeine intake in just one serving.
Approaches to caffeine regulation by foreign governments
Regulation requiring clear disclosure of caffeine content in food packaging is not an innovative idea as many governments have previously acted to protect consumers. For example, the European Union has already required manufacturers of energy drinks containing more than 150 milligrams per liter of caffeine to include a warning stating, “High caffeine content. Not recommended for children or pregnant or breastfeeding women”, followed by the exact quantity of caffeine present. Governments in other countries have taken regulation of energy drinks even further. For example, Poland began prohibiting the sale of energy drinks to people under 18 years and prohibiting the sale of energy drinks in schools and vending machines beginning on January 1, 2024. Additionally, most supermarkets in the United Kingdom abide by a voluntary ban on the sale of energy drinks to children under 16 years old, with regulators considering codifying this practice as a mandatory ban.
Importance of updating the food labeling requirements
Currently, the FDA food labeling guidelines only require caffeine to be included in the list of ingredients when it is an added substance. If the drink contains a natural source of caffeine, such as coffee, tea, chocolate, or guarana, then the label is not required to specify that the product contains caffeine. In restaurants, the FDA encourages customers to ask the restaurant if its product contains caffeine but does not impose any obligation on the restaurant to provide the information.
These current requirements place an unrealistic expectation on consumers to understand and identify every natural ingredient that contains caffeine. Further, by not requiring manufacturers to specify the quantity of caffeine in products, the FDA is failing in its responsibility to protect public health from a stimulant that has proven its danger when not properly disclosed. To correct this gap in public safety, the FDA should enact regulation requiring manufacturers of caffeine products and restaurants to clearly and accurately display the quantity of caffeine present. Proper disclosure of this potentially deadly stimulant is necessary to protect public health by allowing consumers to make informed decisions and accurately monitor caffeine intake to levels appropriate for the lifestyle and health of each consumer.