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

[ch_13]

"Agave Lemonade
Your price $3.29
200 Cal per 20 fl oz"

"About This
"Crisp lemonade made with lemon juice, sugar, agave nectar and water. Nutrition reflects beverage with no ice.
Please note, this beverage is self-serve upon pickup."

"Mango Yuzu Citrus Charged Lemonade
CONTAINS CAFFEINE (157-235mg)
$4.29 .... 210 Cal per 20 fl oz"

"About This
"Crisp lemonade made with lemon juice, sugar, agave nectar and water. Nutrition reflects beverage with no ice.
Please note, this beverage is self-serve upon pickup"

Snipped and bolded by me.

So, both of these lemonades are (or were) self-serve from a dispenser? And they're both sort of similar looking, yellow-ish/orange-ish in color, right? I can imagine someone absentmindedly taking the wrong one.

I found this online...here are the Mango-Yuzu Lemonade and the Agave Lemonade are right next to each other. They are pretty different in color, but I can see someone making a mistake. (Not that's what necessarily happened in this case.)

 

[IceIce9]

Snipped and bolded by me.

So, both of these lemonades are (or were) self-serve from a dispenser? And they're both sort of similar looking, yellow-ish/orange-ish in color, right? I can imagine someone absentmindedly taking the wrong one.

I found this online...here are the Mango-Yuzu Lemonade and the Agave Lemonade are right next to each other. They are pretty different in color, but I can see someone making a mistake. (Not that's what necessarily happened in this case.)

View attachment 469258

Charged lemonades are no longer self service. I’ve been to 15 or more different Panera locations in the last month and they are all kept behind the counter now.

 

[al66pine]

So, both of these lemonades are (or were) self-serve from a dispenser? And they're both sort of similar looking, yellow-ish/orange-ish in color, right? I can imagine someone absentmindedly taking the wrong one.
I found this online...here are the Mango-Yuzu Lemonade and the Agave Lemonade are right next to each other. They are pretty different in color, but I can see someone making a mistake. (Not that's what necessarily happened in this case.)
View attachment 469258

@ch_13
Yep, "Please note, this beverage is self-serve upon pickup" for both of these bevvies.

Agreeing, inattentive self serve customers could easily confuse one for the other, if judging just by color.
Presumably people serving themselves should notice the caffeine disclosures on the container but they may ignore.
imo

ETA
I just read post by @IceIce9 about charged lemonades no longer being self serve.

Hmmm. Puzzling that panera.com info does not seem to be up to date.

 

[AzPistonsGirl]

maybe it should be regulated like alcohol. Oh wait...

 

[PrairieWind]

"Plant based" lemonade? Is there a different kind?

 

[IceIce9]

"Plant based" lemonade? Is there a different kind?

Some drinks sold as lemonade has no actual fruit only artificial flavors.

 

[ifindedout]

Another one.

A woman alleges Panera’s highly caffeinated Charged Lemonade caused permanent heart problems

A lawsuit says Lauren Skerritt, 28, was an athlete with no underlying health issues before she drank the lemonade, which has also been blamed for two deaths in other lawsuits.

www.nbcnews.com

Lauren Skerritt, 28, an occupational therapist, had been an athlete with no underlying health conditions who regularly competed in obstacle course races, according to the suit, which was first reported by NBC News. She now requires daily medication and has heart problems that have reduced her ability to work, exercise and socialize, says the complaint, which was filed Tuesday afternoon [Jan. 16, 2024].

The complaint says that Skerritt drank 2½ Charged Lemonade drinks from a Panera cafe in Greenville, Rhode Island, on April 8 and then experienced palpitations.

The next day, it says, Skerritt went to the emergency room, where tests showed that she had atrial fibrillation — an irregular heartbeat that can lead to a stroke, heart complications or other serious health problems.

ETA: a-fib on Wiki

Atrial fibrillation - Wikipedia

en.m.wikipedia.org

 

[al66pine]

Third Charged Lemonade Lawsuit.

Another one.
Lauren Skerritt, 28, an occupational therapist, had been an athlete with no underlying health conditions who regularly competed in obstacle course races, according to the suit, which was first reported by NBC News. She now requires daily medication and has heart problems that have reduced her ability to work, exercise and socialize, says the complaint, which was filed Tuesday afternoon [Jan. 16, 2024].
The complaint says that Skerritt drank 2½ Charged Lemonade drinks from a Panera cafe in Greenville, Rhode Island, on April 8 and then experienced palpitations.
The next day, it says, Skerritt went to the emergency room, where tests showed that she had atrial fibrillation — an irregular heartbeat that can lead to a stroke, heart complications or other serious health problems.
ETA: a-fib on Wiki

@ifindedout Thx for your post. I suspect this third lawsuit may not be the last against Panera.

From linked story: "an athlete with no underlying health conditions"

Admitting not able to understand the entire a-fib wiki, but wondering if this is a possibility:
"an athlete with no KNOWN or DIAGNOSED underlying health conditions" prior to ingesting Panera's bevvy.

Not drawing any conclusions about merits of this or the other lawsuits.

 

[PrairieWind]

I am generally pro business on these issues. But in this case, I am not so sure. I don't know why Panera is still offering this product.

 

[IceIce9]

I am generally pro business on these issues. But in this case, I am not so sure. I don't know why Panera is still offering this product.

They have refused ed the caffeine and sugar content, added warning signs and pop up warnings in the app and online, and advisories that Charged lemonades contain caffeine. They only serve it from behind the counter, no self serve or refills available.

At this point you could serve yourself much more caffeine from their coffee bar. I’m waiting for them to put coffee behind the counter and not allow refills.

Yet you can go to a gas station and buy as many cans of energy drinks as you want, with only small print warnings on the cans.

 

[AzPistonsGirl]

Yet you can go to a gas station and buy as many cans of energy drinks as you want, with only small print warnings on the cans.

Thank you for saying this again. Oh personal responsibility, where have you gone?

 

[Knitpicker]

The legal complaint, which was filed Monday morning in the Philadelphia Court of Common Pleas and was first obtained by NBC News, calls the beverage a “dangerous energy drink” and argues that Panera failed to appropriately warn consumers about its ingredients.

The suit was filed on behalf of the parents of Sarah Katz, a 21-year-old University of Pennsylvania student who had taught CPR in underserved communities and had been a research assistant at a children’s hospital. Katz had a heart condition called long QT syndrome type 1 and avoided energy drinks at the recommendation of her doctors, according to the filing.

Katz had purchased a charged lemonade from a Panera Bread 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.

[...]

The charged lemonade was “offered side-by-side with all of Panera’s non-caffeinated and/or less caffeinated drinks” and was advertised as a “plant-based and clean” beverage that contained as much caffeine as the restaurant’s dark roast coffee, according to photos of both the menu and beverage dispensers in the store, which were included in the wrongful death lawsuit.

But at 390 milligrams, the large charged lemonade has more caffeine than any size of Panera’s dark roast coffee, the complaint says — numbers that the nutrition facts on Panera’s website confirm. The charged lemonade also has guarana extract, another stimulant, as well as the equivalent of nearly 30 teaspoons of sugar, the complaint continues, adding that 390 milligrams of caffeine is higher than the caffeine content of standard cans of Red Bull and Monster energy drinks combined. Katz had gotten the large cup, which is 30 fluid ounces, according to the attorney representing her family.

What a stupid move- and kids can be drinking that. And refills…no posting of caffeine in miligrams. Caffeine is a drug.

 

[BeginnerSleuther]

Thank you for saying this again. Oh personal responsibility, where have you gone?

Frankly, I don't think energy drinks should be sold to minors. And I think personal responsibility is only relevant when the warnings of health risk are clear. This has pretty much been established as an acceptable boundary after decades of lawsuits against the tobacco industry.

JMO

 

[whiterhino]

Frankly, I don't think energy drinks should be sold to minors. And I think personal responsibility is only relevant when the warnings of health risk are clear. This has pretty much been established as an acceptable boundary after decades of lawsuits against the tobacco industry.

JMO

Absolutely not to minors! I've actually seen (past summer) children in my local 7-11 all hanging around the energy drinks saying "Guys, there's a new Prime! Guys, check it out" and they were all of 12 years old. I'm referring to those Prime drinks that were created by a popular Youtube star.

ICBW but from what I've read, there is some sort of difference between the standards/regulations set forth by health administration and beverage companies when it comes to drinks that are bottled and canned but somehow, fountain drinks are different. I know I've read it somewhere when I searched those Starbucks shots I've mentioned but then I am in a different country and do not know what USA regulations state.

Now I am personally curious as I have recently been diagnosed with a condition that can and does affect heart rate and can cause tachycardia which I have experienced.

Since I posted previously, I used to drink Starbucks canned coffee and was on blood pressure medication. Turns out the high bp was from an underlying condition which caffeine aggravates. So now, after all of these cases, I'm wondering what that could mean for someone in my position? Previously I had posted about my own high blood pressure, medications and the fact that I had not been warned but circumstances have changed. I'm even more invested in this thread than before and am definitely avoiding Panera (never had it in my life).

 

[Seni]

Shameful IMO and now hidden behind the counter. Nobody needs to drink this stuff.

I see people buying crisps and fizzy drinks for lunch

 

[IceIce9]

Shameful IMO and now hidden behind the counter. Nobody needs to drink this stuff.

I see people buying crisps and fizzy drinks for lunch

Kept behind the counter so children can’t get them, and so that you can’t refill your cup.

Now McDonald’s restaurants are beginning to remove their self-serve soda fountains and serving soda and iced tea from behind the counter. I’ve heard people complaining about it, and I’ve seen it myself in a few McDonald’s locations I have visited.

 

[ch_13]

Thank you for saying this again. Oh personal responsibility, where have you gone?

I really dislike the implication of victim blaming and the suggestion that the people who died from this drink were acting irresponsibly.

The latest victim apparently didn't know she had a medical condition. But the others were reportedly aware of their health issues and avoided caffeine. Their error was to expect that the lemonade they bought was actually lemonade, and not some energy drink concoction. Yes, there was signage that they missed (although it's unclear how prominent it was back when Sarah Katz died) but it doesn't make them irresponsible.

 

[WyomingSkyAngel]

Not a troll post regarding this sad case...yes energy drinks can be very painful to fatal to someone with a bad heart. Just saying. I used to lean on Red Bull when I worked late. Well, now I can't really drink it anymore.

Anything in excess is unhealthy.

 

[ch_13]

Kept behind the counter so children can’t get them, and so that you can’t refill your cup.

Now McDonald’s restaurants are beginning to remove their self-serve soda fountains and serving soda and iced tea from behind the counter. I’ve heard people complaining about it, and I’ve seen it myself in a few McDonald’s locations I have visited.

McDonald's is removing its self-service machines for unrelated reasons. It's not because the beverages are caffeinated.

McDonald's Is Phasing Out Self-Serve Soda Stations Because We Can't Have Nice Things

McDonald's has started removing the self-serve soda fountains from its restaurants, which means that customers won't be able to fill their cups soon. Here's why.

www.foodandwine.com

So why did McDonald's make this decision? There are several reasons, including the challenge of keeping self-serve machines clean, the decreasing number of dine-in customers, and a change in the customer experience for those who do choose to eat their McMeals in the restaurant's dining areas. (At many of the McDonald's locations with self-ordering kiosks, the crew members deliver the customers' meals to their tables.)

 

[whiterhino]

McDonald's is removing its self-service machines for unrelated reasons. It's not because the beverages are caffeinated.

McDonald's Is Phasing Out Self-Serve Soda Stations Because We Can't Have Nice Things

McDonald's has started removing the self-serve soda fountains from its restaurants, which means that customers won't be able to fill their cups soon. Here's why.

www.foodandwine.com

So why did McDonald's make this decision? There are several reasons, including the challenge of keeping self-serve machines clean, the decreasing number of dine-in customers, and a change in the customer experience for those who do choose to eat their McMeals in the restaurant's dining areas. (At many of the McDonald's locations with self-ordering kiosks, the crew members deliver the customers' meals to their tables.)

Along with keeping the machines clean, I would include sanitary within that reasoning. As much as I enjoy mixing my own drink (half Diet Coke and half Coke Cherry) I don't like how messy the drink area is. Meaning dirty. It's often grimy, sticky, there are straws and lids scattered all over. It's not sanitary to be pushing buttons, touching screens and then using the lid dispenser etc. Between the front door and the counter with the napkins and forks, there is often no hand sanitizer offered anymore. Just saying yuck FWIW!