PA - Panera sued by parents after daughter Sarah Katz, 21, died of cardiac arrest after drinking Charged Lemonade, 2022 - Philadelphia, 23 Oct 2023

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I think a large part of the problem is that we think we know what's in lemonade and don't expect to find caffeine or other stimulants in it. Until this lawsuit, I certainly had no idea that caffeinated lemonade was a thing. The name "Charged Lemonade" doesn't make me think it has an additive, it just sounds like typical marketing-speak.

And even if there's signage up, people may not pay a whole lot of attention to it. Especially with familiar things, how many of us really read all the fine print (or medium-size print) that's all around us? I can say that I close any pop-up that appears on my screen automatically without reading it. Just too many attempts to upsell or get my email or tell me I need to turn off .

I agree though. I don't know what Panera can do to make people aware that their lemonade is really an energy drink.
ITA!

RBBM: Panera could just stop calling it "lemonade" and call it what it actually is, a lemonade flavoured energy drink with over 200mgs of caffeine. That would deter me!

They could also put the dispenser behind the counter to avoid people over serving themselves. They could make the cups smaller. Not to offend anyone but as a non-American, I think US serving sizes can be problematic.

The signage I saw was (provided by @IceIce9, ty), IMO, not overstated enough. When I buy Starbucks Double Shots, I know what I am doing. The caffeine is listed on the can (138 mgs), it says "energy + coffee" and "taurine & guarana". I know I can responsibly only drink half the can if I want to avoid triggering my heart. Having said that, I am older that the victim.

Can anyone provide or point me to any link that might say how long Sarah had been living with LQTS? Or how much of the beverage she had consumed? TIA.
 
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I think a large part of the problem is that we think we know what's in lemonade and don't expect to find caffeine or other stimulants in it. Until this lawsuit, I certainly had no idea that caffeinated lemonade was a thing. The name "Charged Lemonade" doesn't make me think it has an additive, it just sounds like typical marketing-speak.

And even if there's signage up, people may not pay a whole lot of attention to it. Especially with familiar things, how many of us really read all the fine print (or medium-size print) that's all around us? I can say that I close any pop-up that appears on my screen automatically without reading it. Just too many attempts to upsell or get my email or tell me I need to turn off .

I agree though. I don't know what Panera can do to make people aware that their lemonade is really an energy drink.



The popup warning specifically states the amount of caffeine. And the amount stated is without ice, and it is actually served with ice. When I order my cup is 1/2 ice so the amount of caffeine would be much less.

All the Charged lemonades are served behind the counter now, no self serve or refills.
 

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@whiterhino the charged lemonades are already being kept behind the counter, chain-wide. You can’t self serve or refill.
Have they always been? I thought the image posted in this thread showed a lemonade dispenser at a counter with the other beverages, self serve? Also, many people have been commenting about self serve and free refills, I assumed it was all done this way.

Is the popup warning new? Was the drink ordered with the app? I feel that if these 2 things had happened, there wouldn't be much of a case IMO.
 
Have they always been? I thought the image posted in this thread showed a lemonade dispenser at a counter with the other beverages, self serve? Also, many people have been commenting about self serve and free refills, I assumed it was all done this way.

Is the popup warning new? Was the drink ordered with the app? I feel that if these 2 things had happened, there wouldn't be much of a case IMO.

The Charged lemonades used to be available for self serve, but there was a company wide policy change and now they are kept behind the counter.

The pop up warning has always been there, whether you order on the app or inside the restaurant at the kiosks. The difference with the pop up warning is that now it appears on EVERY beverage you when you order, even if you order Pepsi, Bubbly, or even bottled water. Previously the pop up only appeared if you ordered a Charged lemonade.
 
Another change with a nationwide restaurant chain: they to sell their used 5 gallon pickle buckets for a $1 donation to their children’s charity. But now they only sell the buckets after punching a hole in the bottom of the bucket, because a bucket presents a possible downing hazard.
 
Fleming Island, Fla. — The family of a 46-year-old Florida man has filed a wrongful death and negligence lawsuit against one of the biggest fast-casual restaurant chains in the U.S., claiming Panera Bread Company's caffeine-filled lemonade drink led to his death.

David Brown had high blood pressure and didn't drink energy drinks, but the lawsuit said he believed the Panera Charged Lemonade was safe since it was not advertised as an energy drink. It was offered in the same place as the restaurant chain’s non-caffeinated or less-caffeinated drinks, according to the lawsuit filed Monday in Superior Court in Delaware, where Panera Bread Company is registered.

The lawsuit states that on Oct. 9, Brown had the drink three times during a visit to the Panera Bread Company location in Fleming Island, Florida. On his walk home, he suffered cardiac arrest and died a short time later. He had ordered a Panera Charged Lemonade at least seven times over the course of two weeks in September and October, according to the lawsuit...
 
The Charged lemonades used to be available for self serve, but there was a company wide policy change and now they are kept behind the counter.

The pop up warning has always been there, whether you order on the app or inside the restaurant at the kiosks. The difference with the pop up warning is that now it appears on EVERY beverage you when you order, even if you order Pepsi, Bubbly, or even bottled water. Previously the pop up only appeared if you ordered a Charged lemonade.
Sorry to keep asking but you seem to be in the know, do you also know if these changes were made after Sarahs death? Not that the changes are related but I do wonder if these actions might indicate or hint at liability/ guilt.
 
Sorry to keep asking but you seem to be in the know, do you also know if these changes were made after Sarahs death? Not that the changes are related but I do wonder if these actions might indicate or hint at liability/ guilt.
Typically, that they removed the drinks or changed signage etc would not be able to be used to prove liability in these cases. Failure to change could be used in a future case however. But there could also be marketing issued involved as well.
 
LQTS Diagnosis at age 5.
.... Can anyone provide or point me to any link that might say how long Sarah had been living with LQTS? ....
snipped for focus @whiterhino
Per link in post 1, atty rep'ing the Sarah's parents was Elizabeth Crawford, a partner at the Philadelphia-based law firm Kline & Specter, PC.
"Katz was diagnosed with long QT syndrome at age 5, Crawford said."
Also per link, she was 21 y/o.

So a known condition for many years, a few as an adult.
____________________________
 
Sorry to keep asking but you seem to be in the know, do you also know if these changes were made after Sarahs death? Not that the changes are related but I do wonder if these actions might indicate or hint at liability/ guilt.
According to this article, the changes were after her death. "All Panera Bread restaurants are now displaying "enhanced" disclosures about the restaurant chain’s highly caffeinated lemonade, a spokesperson said Saturday (October 28th, 2023), following a lawsuit that was filed by the family of a young woman who died after drinking the beverage."

Which would have also been after the second death on October 9th. Based on some user's comments in this thread, it seems like they've also recently decreased the amount of caffeine in the drinks. Good changes but its heartbreaking it took two people dying for Panera to make a change.

 
Sorry to keep asking but you seem to be in the know, do you also know if these changes were made after Sarahs death? Not that the changes are related but I do wonder if these actions might indicate or hint at liability/ guilt.
Sorry to keep asking but you seem to be in the know, do you also know if these changes were made after Sarahs death? Not that the changes are related but I do wonder if these actions might indicate or hint at liability/ guilt.
I don’t know the date that she died but have been drinking the Charged lemonades since they were introduced a couple of years ago. The caffeine content and calories hade always been posted, along with the sign stating that Charged lemonades contain caffeine.

Keeping the Charged lemonades behind the counter has only been done for the past month or so.
 
Date of Death.
I don’t know the date that she died...
snipped for focus. @IceIce9 @whiterhino

Per link DOD was Sept. 10, 2022.
Lawsuit was filed Oct. (23?), 2023.
_________________
"Katz bought a Charged Lemonade from a Panera Bread restaurant in Philadelphia on Sept. 10, 2022, according to the suit. She went into cardiac arrest hours later, said her roommate and close friend, Victoria Rose Conroy."
 
This is a serious question.. what about the sugar? Sugar is a drug, too. Why is the focus all on caffeine, I do understand that the caffeine content is extremely high in the product, but so is the sugar. How do they know sugar wasn't a factor?

I've not read the lawsuit and now see there is another death.

I've been able to stay away from sugar (unless it's already in the product) for over five years now because I realized how dangerous it was for me. However, I indulge in way too much coffee. Moderation (coffee reminder to self ;)) is key - perhaps that is what the FDA standards shall keep in mind?

So wouldn't it come down to a person's body and health issues? moo
 
"Charged" Lemonade?
....we think we know what's in lemonade and don't expect to find caffeine or other stimulants in it. Until this lawsuit, I certainly had no idea that caffeinated lemonade was a thing. The name "Charged Lemonade" doesn't make me think it has an additive, it just sounds like typical marketing-speak....
snipped for focus @ch_13
Yep, sounds like marketing talk.

Or if pressed to assign meaning to "charged," I'd guess it could mean either "carbonated" or caffeinated, but not necessarily super-caffeinated. IDK.

From story in opening post's link, Sarah's friend said:
“She was very, very vigilant about what she needed to do to keep herself safe,” Conroy said. “I guarantee if Sarah had known how much caffeine this was, she never would have touched it with a 10-foot pole.”
 
a
Panera has already reduced the amount of caffeine in these drinks. I get one nearly every day and the amount of caffeine has been greatly reduced.

Red Bull is still on the market and it has allegedly contributed to ten or more deaths.

Unpopular opinion, but I am a fan of personal responsibility. The amount of caffeine posted or labeled don’t drink it if you are sensitive to caffeine. Just the same as a person who is allergic to shellfish or peanuts or chocolate would be report to eat shellfish or peanuts or chocolate. But I don’t want to see peanuts, shellfish, or chocolate taken off the market. JMO
RSBM

I have such mixed feelings on this whole thing, to be super honest. I drink either a Red Bull or two or multiple cups of coffee daily, often with a caffeinated black tea as well, and I have never had any adverse effects from caffeine. To be honest caffeine barely does anything for me except help me focus and calm down a tad. I didn't even realize, probably naively, how much caffeine can negatively impact people with certain health issues, particularly heart problems, until last year when my 60 y/o total health nut father wound up in the hospital for several days due to a bad heart episode that almost killed him. (Severe A-fib plus a bunch of other, much rarer issues with his heart valves that I don't understand and can't recall the names of). By the grace of God, he is fine now, but during that hospital stay his doctors told him to avoid caffeine. He never drank that much caffeine to begin with - only a few small cups of coffee w/ unsweetened almond milk per week - but he had drank a cup of coffee the day of his heart episode. In reality the coffee had nothing to do with the episode, he had had those underlying issues his whole life and just not known, but he was told to definitely avoid caffeine, just in case. I really did not know that caffeine had the potential to aggravate so many health conditions until he almost died and I was doing research. I do struggle with ADHD, which I guess is what makes caffeine not a trigger for me (common thing for ADHD people). But yeah, that was definitely a wake-up call.

I am a fan of personal responsibility too. Reflecting back on my dad, who has heart issues and avoids caffeine, I can truly see how highly cognizant he is of caffeine content and avoiding it at any cost. It is kind of confusing to me how many people with similar health issues to him, with similar warnings re: caffeine, don't seem to take it as seriously as he does and are more lax about it. However, conversely, as someone who teaches special education and works with disabled teens and younger kiddos, I can see it being a hurdle for disabled folks with those health concerns like that man who died. Or for ELL folks. I can see that being a big factor. I also think there should be some regulation of caffeine to an extent. But I really don't know where I fall on this issue. Personal responsibility is important.

Panera doesn't need me to defend them, they're a massive and faceless corporation. But I do think consumers need to be educated on what they are purchasing. Someone has sensitives or is allergic to almost everything that can be consumed. Like you said, nut and shellfish allergies are very common, but nut butters and shrimp cocktails are still very accessible and purchasable for anyone.
 
I've sat on this for a while and there are a lot of factors here.

-Panera at the time (& still) have a "Sip Club" where, for ~$11/month, you can have a cup anytime at any location and fill it with any beverage of choice. At the time, the Charged lemonade were placed next to the regular iced teas.

- The Sip Club was marketed to teens/young adults on insta/etc and there was a lot of chat on TT about the drinks, including the charged lemonade. (But no corporate warning per se about these lemonades.)

- It's a bargain. Drinks at 7/11 run $1-3 per visit so Panera was offering quite the deal. The first month was free, as I recall.

As a mom of a teen I definitely leaned about these late in the game, my 15 yr old wanted the lemonade and he did drink one. He felt really uncomfortable afterwards and that's when I realized wait this is 5 cups of coffee worth!?!?! He doesn't have any health conditions, thank goodness.

Also I think at the time it was like 30 tablespoons of sugar, In their biggest cup.

Anyway, I'm torn about personal responsibility vs marketing on this, I don't think any beverage should have a concentration of 5 cups of coffee in that much volume & be served cold- AND BE UNLIMITED FREE REFILLS.....it doesn't make sense and definitely puts anyone at risk. You just can't drink hot coffee that quickly and get that same jolt of caffeine at the diner. It being a colorful "lemonade" is also a bit deceptive.
 

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