Sarah Katz, 21, had a heart condition and was not 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
I hope this lawsuit forces them to remove this. I’m sorry this young girl died. This isn’t the first issue they had with this drink. My husband and I were discussing it months ago. He thought it was just lemonade - sugar, water, lemons. We didn’t figure out why he was up all night. Later someone old him how much caffeine it has. We had no idea. It’s dangerous to those with high bp.
I’m not going to lie when I first read the headline I thought this was probably a frivolous lawsuit but after reading the article I thought that stuff should get pulled.
It’s like that McDonald’s hot coffee lawsuit. Poor lady was made a mockery of for ordering hot coffee because it sounds ridiculous at first but she had 2nd degree burns. It was recklessly hot, as was this drink recklessly produced and marketed.
3rd degree groin burns that required grafts.
She initially asked for just 20k to cover her medical bills, and they instead offered like $800.
Also of note, that huge 2.7mil fine the jury found? Just the profits from 2 days of McDonald’s coffee sales. The judge reduced it to $650k, but even that likely wasent paid as they settled out of court at that point.
The McDonald’s lady’s case blew up because the jury slapped McDonald’s with huge punitive damages. If she would have gotten the 10-30k she asked for initially or even just the 125k for actual damages no one would care about the case. But the 2.7 million in punitive damages just make this lawsuit seem frivolous. But she had no control over that.
And IIRC one big reason why she won was because the cups weren’t suited for holding such hot liquid. The temperature of coffee didn’t decrease in McDonald’s after the lawsuit.
Funny you should mention that. I use to work for the franchise owner who’s brother-in-law (who also worked for the franchise) gave that woman the cup of coffee (or so he would say) when they were franchising with McDonalds. And guess where I was working at the time? Panera
It also explains why the coffee is so bad. Heating coffee above a certain temp is just burning it.
Do a bit of research into the marketing actually used for this drink. Assuming the store uses the standard Panera marketing, there’s a big sign on the dispenser saying how much caffeine is in it. It’s a tragic mistake, but unless that location uniquely screwed up, that’s all it is.
Another commentor said their husband ordered it thinking it was a regular lemonade. The issue could be more wide spread than a single store.
I don’t think they’re legally liable after what I’ve read through and personally experienced – but I absolutely don’t think this is a frivolous lawsuit. It’s still worth merit when it comes to signage and frankly medical testing.
The biggest problem is that she drank it without knowing the heart condition. We need to have better detection and screening to make sure people know this.
From the article:
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.
her roommate and close friend, Victoria Rose Conroy [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.”
I don’t mind it existing as a product. If it does though it should be very clearly labeled with warnings that are impossible to miss. This seems great for Panaras on college campuses, but there should be no possibility you confuse it for something else.
More caffeine than two energy drinks combined seems very excessive to me.
So are you suggesting we ban coffee, which typically has more caffeine than this drink?
Yeah, I also wasn’t aware. I imagine there were signs, but who looks for the caffeine content of lemonade? In my case I just had a dash t flavor soda, so I didn’t notice until my kid pointed it out
Similarly, when my kids were little, I kept them away from stimulants, but who expects to have to prohibit lemonade for the caffeine hit?
What very clear, explicit label?
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.
“Plant based and clean with as much caffeine as our dark roast coffee.” is the full quote. Then, it lists the specific amount of caffeine for the two sizes.
You can argue it should have a more eye-catching and cautionary presentation, but it’s disingenuous to say it wasn’t clear and explicit.
Forget the article; go to an actual Panera. The amount of caffeine is clearly labeled right under the name of the drink. To be fair, their drinks contain way too much, but you can’t say that they don’t already make the label clear and easy to interpret. People are idiots who don’t read the label beyond the “lemonade” part.
contained as much caffeine as the restaurant’s dark roast coffee
That part. Though I don’t think people realize how much caffeine is in their dark roast coffee. Because it is more caffeine than multiple energy drinks for the same volume. There’s a reason a standard cup of coffee is like 6 oz instead of 20 oz.
Sorry but no. If we just arbitrarily remove products because someone managed to die because of it… We literally won’t have anything.
Let’s not use the term arbitrary arbitrarily. It just makes people stupid.
Feel free to elaborate.
Girl dies from drinking caffeine presumably millions of people drink every year.
/u/Orionza I hope this lawsuit forces them to remove this.
Per Google definition
adjective based on random choice or personal whim, rather than any reason or system.
Seems arbitrary to me. If we just start removing items because someone unalive themselves with it… where does that line get drawn? The regular 20-ounce serving has 260 milligrams. The can of energy drink in front of me is 200mg @ 12 oz. So per fluid ounce, it’s not that high.
If I get in a car accident and die… are we going to call for the removal of cars? Just the model that killed me? How is this the companies/products fault?
https://www.panerabread.com/en-us/lemonade-chargers.html
Panera Charged Lemonades are the ultimate energy drink guaranteed to charge up your day.
Plant-based and Clean with as much caffeine as our Dark Roast coffee.