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4 points

Part of it also is that Panera didn’t clearly market it as caffeinated. The only indication that it was caffeinated was that it was marketed as “charged lemonade.” You could go to their website, and the website says it’s caffeinated, but the website only says that it contains the same amount of caffeine as a cup of coffee (which is markedly untrue).

It was only after the media started reporting on the deaths that Panera started saying that it was an energy drink. In other words, Panera is entirely at fault for those deaths.

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It’s not untrue. Before they reduced the caffeine it was roughly the same concentration as their dark roast coffee.

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