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

[BetteDavisEyes]

Panera now displaying warning about its caffeinated lemonade in all stores after lawsuit over customer's death

Sarah Katz, 21, had a heart condition and died hours after she drank Panera’s Charged Lemonade, a large cup of which contains more caffeine than Red Bull and Monster energy drinks combined.

www.nbcnews.com

All Panera Bread restaurants are now displaying "enhanced" disclosures about the restaurant chain’s highly caffeinated lemonade, a spokesperson said Saturday, following a lawsuit that was filed by the family of a young woman who died after drinking the beverage.

Monday's lawsuit, which was first obtained by NBC News, alleges that Sarah Katz, an Ivy League student with a heart condition, died after she drank Panera’s Charged Lemonade last year.

A large Charged Lemonade contains 390 milligrams — nearly the 400-milligram daily maximum of caffeine that the Food and Drug Administration says healthy adults can safely consume...

 

[BlaiseFinlay]

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.

This was my thought. She had a 30 oz drink. Red Bull comes in 8 oz or 12 oz cans. So yeah, if they're not accounting for quantity differences in their complaint, claiming it has more caffeine than a red bull and monster combined could be a different way of saying it has less caffeine than an equivalent-size red bull. Which I'd guess is probably the case -- I just don't see Panera coming out with a double-Red Bull strength energy drink.

That said, I doubt it would even cross my mind that a store-made lemonade would be an energy drink (which have associated warnings), and if I did understand the point that it's caffeinated, I'd probably assume they made it to be an equivalent caffeine level to coke.

Now I want to try them, the strawberry mint one sounds really good and I'm not the least bit sensitive to caffeine.

But very tragic story regardless of responsibility.

 

[AnxiousandAgitated]

Wow .I always take the small free plastic cups at Panera and fill it with the charged lemonades. They’re so delicious. New flavor is called Blood Orange

 

[ch_13]

They may have altered the labels between Sarah's death and this article.

RSBM.

Below is a screenshot from someone's TikTok, made in the summer of 2022. You can see that one of the flavors has the enhanced signage with the caffeine amounts listed, but the other two do not. So it is possible that the signage changed over time and/or wasn't consistently displayed at all locations.

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

RSBM.

The yellow "Charged Up" banner at the bottom of the dispenser does mention caffeine but doesn't indicate that it contained as much as the dark roast coffee. That also seems to have changed. IMO, it's also not very prominent, considering that it is well below one's eye-line. I can't say I would have paid any attention to it if I was at the dispenser.

Here's the TikTok:

https://www.tiktok.com/video/7102687392087264554

 

[IceIce9]

This is what appears when you order a Charged lemonade online or on the app.

“Charged Sips contain 245-390mg of CAFFEINE - Consume in Moderation. NOT RECOMMENDED FOR children, people sensitive to caffeine, pregnant or nursing women.”

 

[IceIce9]

I hope that Panera doesn’t get rid of the Charged lemonades, they are very popular. More prominent signage should suffice.


Panera recently stopped serving over-easy eggs, now you can only order scrambled eggs. The over-easy egg sandwiches were really good, and I frequently picked up breakfast there when traveling.

 

[al66pine]

"Most Fast Food Places." Are They Relevant?
Fed., St., Local Laws. Compliance w Mandated Disclosure?

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....

snipped for focus. @whiterhino
Sorry, not seeing relevance of what "most fast food places" do or don't do.
Not going to dive into details on what fed., st,, or local laws require OTHER food & bev. establishments to disclose & post for customers.

If THIS Panera location which is the def't in THIS case disclosed & posted the legally mandated required info (not saying it did or did not), then seems to reduce potential liablity of Panera which provided the bev. which plaintiffs CLAIM caused their dau's death, an adult woman who was (presumably) AWARE of her medical condition which requires limiting caffeine intake.

NOT saying that disclosure & posting alone absolves Panera.

Too many other factors unknown for me (and likely virtually all others here) to draw conclusions about cause of death & tort liability of Panera. imo jmo moo

ETA: Re CoD, from link below, ME report does NOT refer to the bev as (even) a contributing factor to her death.


______________________________________
"A medical examiner’s report... showed that Katz’s cause of death was cardiac arrhythmia due to long QT syndrome. The report does not mention the beverage as a contributing factor but notes that she had no drugs in her system other than what the hospital used to try to resuscitate her."
snipped for focus

Family sues Panera Bread after college student who drank Charged Lemonade dies

Sarah Katz, 21, had a heart condition and wasn’t aware of the drink’s caffeine content, which exceeded that of cans of Red Bull and Monster energy drinks combined, according to a legal filing.

www.nbcnews.com

 

[mickey2942]

So many places serve "Chargers". And there are no warning signs. Maybe that will change.

 

[al66pine]

What Else?

So many places serve "Chargers". And there are no warning signs. Maybe that will change.

@mickey2942
Panera WEBSITE currently (IDK about website content in Sept. 2022).

First, at "Charged Sips" list, a pic of ea. flavor shows a glass w the bev. and bears words in caps "CONTAINS CAFFEINE."
Above those three pix is this description:
"Naturally flavored, plant-based, and Clean with about as much caffeine as our Dark Roast coffee."

Then, as user starts ordering online or reviewing ingredients for any of the 3 current "charged sips" shown below, more info appears:
"About This
"Naturally flavored, plant-based, with about as much CAFFEINE as our Dark Roast Coffee. Use in moderation. NOT RECOMMENDED FOR children, people sensitive to caffeine, pregnant or nursing women."

A click on any flavor shows "Nutrition & Allergens" for each 20 oz.
Blood Orange.................... "Caffeine 245 mg"
Strawberry Lemon Mint........ "Caffeine 260 mg"
Mango Yuzu Citrus .............. "Caffeine 260 mg"

Then, if user clicks for "detailed ingredients" more info appears.*

Sooo, for Panera, what FURTHER info would you envision as necessary as warning -
- on website?
- at store's postings or in hardcopy brochures?
Again, IDK what info Panera showed on website or at stores in Sept. 2022.
If Panera did show the above, IDK what further info could have posted as a warning which would have prevented this tragic death.

____________________________
Blood Orange.
"Detailed Ingredients
"Blood Orange Flavored Drink Blend (Water, Caffeinated Blood Orange Naturally Flavored Beverage Base (Water, Allulose, Citric Acid, Yerba Mate Concentrate, Caffeine, Beta Carotene (Color), Rebaudioside M, Green Coffee Extract [Source Of Caffeine], Salt, Ascorbic Acid, Guarana Extract [Source Of Caffeine], Natural Blood Orange Flavors With Other Natural Flavors)"

Strawberry Lemon Mint Flavored Charged Lemonade.
"Detailed Ingredients
"Strawberry Lemon Mint Flavored Charged Lemonade - 30 Fl Oz (Water, Agave Lemonade Base (Water, Sugar, Lemon Juice, Lemon Juice Concentrate, Agave, Natural Flavors), Caffeinated Strawberry Lemon Mint Flavored Syrup (Water, Apple Juice Concentrate, Sugar, Citric Acid, Caffeine, Vegetable Juice (Color), Coffee Extract (Source Of Caffeine), Guarana Extract (Source Of Caffeine), Acerola Powder, Natural Flavor (Strawberry, Lemon And Mint Flavors With Other Natural Flavors))"

Mango Yuzu Citrus Flavored Charged Lemonade.
"Detailed Ingredients
"Mango Yuzu Citrus Flavored Charged Lemonade - 30 Fl Oz (Water, Caffeinated Mango Yuzu Citrus Flavored Syrup (Water, Apple Juice Concentrate, Sugar, Citric Acid, Caffeine, Coffee Extract (Source Of Caffeine), Guarana Extract (Source Of Caffeine), Acerola Powder, Ascorbic Acid, Natural Flavor (Mango, Yuzu And Citrus Natural Flavors With Other Natural Flavors), Beta-Carotene (Color)), Agave Lemonade Base (Water, Sugar, Lemon Juice, Lemon Juice Concentrate, Agave, Natural Flavors)"

https://www.panerabread.com/en-us/menu/categories/beverages.html

 

[al66pine]

Too late to edit my post just above.
I wrote after reading some posts but not the whole thread w links to MSM describing some "enhanced" disclosures Panera recently put in place.

IDK how much of the disclosure language that my post quoted was in Panera's website or store menu listings.
Sorry for any confusion my post may have caused.

 

[mickey2942]

Too late to edit my post just above.
I wrote after reading some posts but not the whole thread w links to MSM describing some "enhanced" disclosures Panera recently put in place.

IDK how much of the disclosure language that my post quoted was in Panera's website or store menu listings.
Sorry for any confusion my post may have caused.

That is okay. There is a coffee place by our house, with "Chargers", with absolutely no signage about the caffeine or sugar content. And super yummy flavors, like "Huckleberry Lemonade". I see people buying them for their kids all of the time, when they order coffee.

I wonder if they know about the sugar and caffeine content.

 

[AzPistonsGirl]

Wow .I always take the small free plastic cups at Panera and fill it with the charged lemonades. They’re so delicious. New flavor is called Blood Orange

Great, so you steal from Panera and choose here to brag about it? This is why we can't have nice things anymore.

 

[DS2021]

Panera WEBSITE currently (IDK about website content in Sept. 2022)

Heres what it looked like in August 2022

Beverages

Beverages

web.archive.org

 

[al66pine]

Panera's Webpage, Previous Description?

Heres what it looked like in August 2022

Beverages

Beverages

web.archive.org

@DS2021
Thanks a million for your post.

On "wayback" link, I can only see the pix of the glasses w bevy in them w no note about caffeine. I cannot go to a further description or to the order screen to see if caffeine is referenced there.

But IF the "charged" bevy had more than a negligible amt of caffeine and Panera did not disclose caffeine amt. on website/website order screen or store location's "marquee" menu, or at/on bevy dispenser, that seems to be a significant failure to disclose.

The CURRENT language - as quoted in my posts, ~5 posts upthread - is more in line w what I'd expect to be provided.

 

[iluvmua]

Panera's Webpage, Previous Description?

@DS2021
Thanks a million for your post.

On "wayback" link, I can only see the pix of the glasses w bevy in them w no note about caffeine. I cannot go to a further description or to the order screen to see if caffeine is referenced there.

But IF the "charged" bevy had more than a negligible amt of caffeine and Panera did not disclose caffeine amt. on website/website order screen or store location's "marquee" menu, or at/on bevy dispenser, that seems to be a significant failure to disclose.

The CURRENT language - as quoted in my posts, ~5 posts upthread - is more in line w what I'd expect to be provided.

If you click on each individual drink, it lists how much caffeine is in each drink.

It's the same wording as the recent Panera website

 

[whiterhino]

"Most Fast Food Places." Are They Relevant?
Fed., St., Local Laws. Compliance w Mandated Disclosure?

snipped for focus. @whiterhino
Sorry, not seeing relevance of what "most fast food places" do or don't do.
Not going to dive into details on what fed., st,, or local laws require OTHER food & bev. establishments to disclose & post for customers.

If THIS Panera location which is the def't in THIS case disclosed & posted the legally mandated required info (not saying it did or did not), then seems to reduce potential liablity of Panera which provided the bev. which plaintiffs CLAIM caused their dau's death, an adult woman who was (presumably) AWARE of her medical condition which requires limiting caffeine intake.

NOT saying that disclosure & posting alone absolves Panera.

Too many other factors unknown for me (and likely virtually all others here) to draw conclusions about cause of death & tort liability of Panera. imo jmo moo

ETA: Re CoD, from link below, ME report does NOT refer to the bev as (even) a contributing factor to her death.


______________________________________
"A medical examiner’s report... showed that Katz’s cause of death was cardiac arrhythmia due to long QT syndrome. The report does not mention the beverage as a contributing factor but notes that she had no drugs in her system other than what the hospital used to try to resuscitate her."
snipped for focus

Family sues Panera Bread after college student who drank Charged Lemonade dies

Sarah Katz, 21, had a heart condition and wasn’t aware of the drink’s caffeine content, which exceeded that of cans of Red Bull and Monster energy drinks combined, according to a legal filing.

www.nbcnews.com

Do we know if the order was made in person or online? If online and the description is clear, Panera have most likely covered themselves. If there is no equivalent listed in store, maybe not so safe?

I was thinking places like Tim Hortons, McDonalds etc (I'm in Canada). Nutrition information is available but it isn't presented up front. I'm assuming this isn't an issue as I imagine if it were so, there would be all kinds of people suing McDonalds for obvious reasons lol!

Excellent point that I also considered. There was a preexisting condition so it's hard to say whether the beverage had anything to do with the cardiac event. It says there were no drugs found in the tox report. Does this include heart meds? Assuming someone with an arrhythmia would be on some medication.

Regardless, IMO the word lemonade is misleading. Even "Charged Lemonade" I would expect something with a kick but not THAT MUCH caffeine!

 

[whiterhino]

What does the FDA have to say? I haven't done my own research therefore cannot verify that the info below is accurate but FWIW...

I read an article that references the FDA. Apparently (ICBW), the guidelines state 68 mgs per 12 oz is acceptable. It also states that there are limits on cola-type beverages which contain caffeine and that energy drinks are considered supplements. I've also read that there is a legal limit with regard to caffeine and packaging/container size. Meaning, drinks containing a certain amount of caffeine can not exceed a certain size container.

 

[BeginnerSleuther]

Do we know if the order was made in person or online? If online and the description is clear, Panera have most likely covered themselves. If there is no equivalent listed in store, maybe not so safe?

I was thinking places like Tim Hortons, McDonalds etc (I'm in Canada). Nutrition information is available but it isn't presented up front. I'm assuming this isn't an issue as I imagine if it were so, there would be all kinds of people suing McDonalds for obvious reasons lol!

Excellent point that I also considered. There was a preexisting condition so it's hard to say whether the beverage had anything to do with the cardiac event. It says there were no drugs found in the tox report. Does this include heart meds? Assuming someone with an arrhythmia would be on some medication.

Regardless, IMO the word lemonade is misleading. Even "Charged Lemonade" I would expect something with a kick but not THAT MUCH caffeine!

There's no reason for someone with this arrhythmia to be on a medication. It's an arrhythmia that's induced through certain things, so you avoid those things. I liken it to a peanut allergy.

 

[whiterhino]

There's no reason for someone with this arrhythmia to be on a medication. It's an arrhythmia that's induced through certain things, so you avoid those things. I liken it to a peanut allergy.

I see, thank you for that info. I saw arrhythmia and assumed the person involved might've been on medication. I should know not to assume, esp on WS!

 

[al66pine]

If you click on each individual drink, it lists how much caffeine is in each drink.
It's the same wording as the recent Panera website.

@iluvmua Thanks for your post pointing this out.
Yes, right there: "Strawberry Lemon Mint - With Guarana & Caffeine" like it's part of bevy name. Same for both other flavors.
Next click shows:
- "CONTAINS CAFFEINE" caption for bevy pic.
- "Nutrition & Allergens" w 259 mg caffeine, reg. size (default = 20 oz).
Seems that would have provided sufficient info to user.

My thoughts & posts have zigged and zagged about sufficiency/insufficiency of Panera's disclosure.
Now seeing more disclosure on more of this wayback link, I'm zigging in the direction of (not yet final) of sufficient disclosure, that is, IF order was placed online.


_____________________________________
(BTW, FWIW previously I clicked the green call-to-action "Add" button like trying to order, and got nowhere. Clicking on pic of bevy in glass itself took me to new page w bigger pic of glass, and an even bigger "CONTAINS CAFFEINE" caption. This page shows "Nutrition & Allergens" and gives the caffeine count. Regular size (default = 20 oz), 259 mg.
From that page or point, user can click on the green call-to-action "Start an order" button. Next page continues w request to sign in to MyPanera, or sign in on Facebook, or as a guest. I tried to continue as guest, went nowhere.