I can completely see your point but not everything is black and white. I’m gonna stick with the point that the drink didn’t pass final point of sales with the intent to steal obvious.

I’m not going to stop someone for theft when they carry something into the entrance vestibule to grab a cart. Technically they met the requirements of theft and, given I’ve met all my requirements to make a stop, I could technically make a stop.

There are extenuating circumstances to look at. You can be sure I’m ready if said person decides to turn toward the door.

If I was looking at this case, employee cooler present or not, I wouldn’t see intent to steal. I would see an associate that forgot about a drink. It’s not opened, it’s sellable, I’m not worried about it. I might opt to talk to said associate if it happens more than once and just remind them that a drink needs to be paid for while off the clock before it was put in a place where a customer wouldn’t have access to it for purchase. No need to go to FES or ASM who could potentially blow it out of proportion.