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

[AzPistonsGirl]

but if I have a condition that could be seriously harm/hurt/main/injure/kill me and have been told to stay away from energy drinks, and caffeine, why am I even drinking dark roast coffee?

 

[ChatteringBirds]

In my opinion a drink with that much caffeine should be pre-mixed so that the amount is standardized. It should be clearly labelled with the full amount based on size. It's not good enough to have it on a website somewhere, because lemonade is not a drink that usually contains large amounts of caffeine. I don't think a reasonable person would expect it to have that much. It's lemonade, and that's going to appeal to a younger crowd. Calling it a "clean" drink is absurd.

The lawsuit might have standing but I'd have to hear it play out in court.
All JMO/IMO.

 

[ms_writer]

but if I have a condition that could be seriously harm/hurt/main/injure/kill me and have been told to stay away from energy drinks, and caffeine, why am I even drinking dark roast coffee?

Did the articles say Sarah did drink dark roast coffee, or is that just how Panera advertises it online/in promotional materials? They may advertise it as having that much caffeine in some places, but that statement did not appear on the self-service urns when I accidentally served this to my daughter with a heart condition (see my previous post for the story). It was posted extremely small, and I couldn't understand why they would not make it more obvious considering that was likely supposed to be the drink's appeal.

 

[IceIce9]

Caffeine and sugar content are clearly posted on each dispenser

 

[ChatteringBirds]

Caffeine and sugar content are clearly posted on each dispenser

But what information was available to her and how was it available when she ordered her drink at that location on that day? ETA: Did she even dispense it herself?

I assume that's the kind of information the jury is going to need.

 

[ms_writer]

Caffeine and sugar content are clearly posted on each dispenser

They may have altered the labels between Sarah's death and this article. I stand by my personal experience with this beverage. As a professional writer/editor I don't tend to overlook the written word, especially when my daughter's health is concerned.

 

[AzPistonsGirl]

They may have altered the labels between Sarah's death and this article. I stand by my personal experience with this beverage. As a professional writer/editor I don't tend to overlook the written word, especially when my daughter's health is concerned.

That is wonderful that your daughter has such a diligent and RESPONSIBLE mother looking out for her! I imagine I would be the same way if I had a child or family member with a restrictive diet or needed life and safety accommodations.

Respectfully, though, this is about a different mother and daughter and a different situation and we don't and can't know everything about this situation at this point. I stand by the idea that someone who has a condition and has been told to limit or stay away from caffeine because it could be life altering or ending, and chooses to enjoy any amount of caffeine, takes on the responsibly and consequences of that choice.

But we don't and can't know everything and I'd also have to see what evidence and arguments are presented.

Head vs heart is hard in cases like this IMO.

 

[IceIce9]

They may have altered the labels between Sarah's death and this article. I stand by my personal experience with this beverage. As a professional writer/editor I don't tend to overlook the written word, especially when my daughter's health is concerned.

I’m a fan and have been drinking the Charged lemonades ever since they were first introduced. I’ve always seen the caffeine and sugar content posted at all the locations I have visited, in at least 8 or 9 different states.

There are also bright yellow banners posted above and below the dispensers with “as much caffeine as our dark roast coffee.”

 

[ms_writer]

I’m a fan and have been drinking the Charged lemonades ever since they were first introduced. I’ve always seen the caffeine and sugar content posted at all the locations I have visited, in at least 8 or 9 different states.

There are also bright yellow banners posted above and below the dispensers with “as much caffeine as our dark roast coffee.”

OK, well you must be right about what happened to us then. Thanks for the correction! Still sad for Sarah and her family.

 

[imstilla.grandma]

About two months after Ms. Katz’s death, Charged Lemonade attracted widespread attention and media coverage after a video was posted on TikTok by a user who was shocked by the drink’s unexpected caffeine content.

The video’s creator, Sarah Baus, said in the video that she routinely drank the lemonade, but had only just learned about how much caffeine was in it and thought that it might explain why she was always productive when she worked from Panera.

Panera Bread’s ‘Charged Lemonade’ Is Linked to Death in Lawsuit

The lemonade has as much caffeine as an energy drink, but does not reflect that in its marketing, according to a lawsuit. A student with a heart condition died after drinking it, her parents say.

www.nytimes.com

On Dec. 9, content creator Sarah Baus posted a TikTok filmed in her car that went mega-viral. In the original video, captioned “@Panera Bread this drink should come with a warning because it’s delicious and will lead to my cardiac arrest,” the Charleston, South Carolina resident explains a series of events starting with a remote work day from her local Panera that left her, well, buzzing.

Panera customer realizes her Charged Lemonade has more caffeine than 4 espressos: ‘I feel like the Hulk’

Sarah Baus went viral after unknowingly consuming over 1,000 milligrams of caffeine in Charged Lemonade refills at Panera.

www.today.com

 

[bombardier]

Caffeine and sugar content are clearly posted on each dispenser

yep this is the style of dispenser i personally used back in september! I already knew it had caffeine, luckily. My vision isn't great and I wouldn't have been able to read that text without leaning in close. I wonder if that's the argument the lawyer will go with, that the labelling is too non-obtrusive and easily missed?

 

[BeginnerSleuther]

I think it is possible to state correctly that is has about the same caffeine as a dark roast coffee ounce for ounce, but cold drinks are generally larger.

How do you know that even that is correct? But regardless, that's a huge thing to omit, IMO. Caffeine is not a benign substance. I doubt most assume lemonade would have so much of it. As much as I enjoy Panera,they deserve this lawsuit.

MOO.

 

[BeginnerSleuther]

but if I have a condition that could be seriously harm/hurt/main/injure/kill me and have been told to stay away from energy drinks, and caffeine, why am I even drinking dark roast coffee?

Even some people with a heart condition, they can have some caffeine. Heart condition doesn't automatically mean no caffeine at all. But also, I think with things that don't usually contain a substance that can be dangerous, like caffeine -- such as lemonade -- it's important that the advertising is clear. I bet if the lemonade contained nuts, the advertising would be in bold, italicized, and underlined. Last line, JMO.

 

[kaen]

I would venture this: There have been any number of items for sale in this country and others that initially do not seem hazardous. It is when accidents happen or unintended consequences happen that change occurs voluntarily or through civil action. In recent years, there have been issues with energy drinks, vaping and more. When a customer walks into a business, they must be aware of things like allergens, sodium, etc. There are any number of calorie guides that are completely inaccurate based on human variables. Stores can't be liable for everything. But, if the case here is that there should be some more warning signs or measured containers to avoid improper mixture than a lawsuit like this is invaluable. No money will bring their daughter back. I don't see a jury awarding millions of dollars. But, just like the lovin' it coffee that was way too hot, remedies should be sought to determine what is needed. I see this less as a cash grab and more of a way to make known what is a potential killer for those not in the know. JMHO

 

[arielilane]

I believe I first saw this complaint on Law & Crime's site yesterday ... Panera's website lists the mgs of caffeine (did they recently add this info?) and/or was it not listed in the stores? Anyway, curious to see how the family's lawyers will argue that the caffeine levels cause her death. I am very sorry for the loss of their young daughter. moo

 

[kaen]

but if I have a condition that could be seriously harm/hurt/main/injure/kill me and have been told to stay away from energy drinks, and caffeine, why am I even drinking dark roast coffee?

My heart condition is a result of having had Covid. I had always been an avid coffee drinker until 2 in the afternoon. Post Covid I started with irregular heart beats. Upon a doctor recommendation I limit myself to no more than 12 oz of dark roast coffee each day (dark roast often has less caffeine with variables being the kind of bean and the brewing process Is Dark Roast Coffee Stronger? Caffeine Content and More). A What I was not factoring into my caffeine equation was the stevia infused vitamin enhanced waters that I was drinking (and had been drinking for years). On more than one occasion, I was thrown into an irregular beat because of the vitamins present in large quantities in conjunction with many drinks having caffeine added (often in the small print). It took a while to realize that my culprit was these drinks because I had had them very often before I developed my condition. So the question of what was new in my diet didn't include the drinks as an answer. The ingredients and effects of many of the enhanced drinks vitamins, minerals and other factors like green tea are key in knowing and understanding how they affect one's body. Yet, we live in an era where things like enhanced drinks, vaping, etc seem to dominate in segments of the culture before the issues are fully known.

And, in general, coffee has about 51-60 mg of caffeine per 12 oz.

 

[Friday Fan]

They should clearly identify "Charged Lemonade" as an "Energy Drink". They may need to rename the product somehow....

 

[imstilla.grandma]

"The FDA is saddened to hear of the passing of a consumer and as always, takes seriously reports of illnesses or injury from regulated products. At this point, we are gathering information about this event," the FDA said in a statement to NBC News.

FDA reviews case of student's death after drinking 'charged lemonade'

The FDA said in a statement to NBC News that it was "gathering information" about the tragic incident.

www.ktvq.com

 

[whiterhino]

Calling it "lemonade" is misleading, even if it's "charged". I drink Starbucks double shots 140mg of caffeine and I thought that was a lot!

However, most fast food places do not list their nutrition information in store. For example the coffee shop near me offers iced cappuccino but they don't tell you it's made with whole cream.

Does Panera offer more than one kind of lemonade?

 

[IceIce9]

Calling it "lemonade" is misleading, even if it's "charged". I drink Starbucks double shots 140mg of caffeine and I thought that was a lot!

However, most fast food places do not list their nutrition information in store. For example the coffee shop near me offers iced cappuccino but they don't tell you it's made with whole cream.

Does Panera offer more than one kind of lemonade?

Yes, they have several. Each has calorie content posted on the front of the machine. One is Agave lemonade, which is the one I drink if I don’t want the caffeine in the Charged lemonade varieties.


I usually drink Charged lemonade in the morning but if it is later in the day I will get the Agave lemonade because it doesn’t have caffeine.
I don’t drink coffee and like the Charged lemonades.

The Charged lemonades are in a separate set of dispensers and they all have calorie content and caffeine content posted on the front.

Even the soda at Panera has calorie content posted.