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.
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.
“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.
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.
8 months ago Food Theroy did agreat video on this. It’s very appropriately titled given the unfortunate circumstances. To say this drink was caffeineted is a major understatement, it was basically four and a half monsters in one cup.
Franky, it was reckless for Panera to make and sell this drink and they absolutely earned this lawsuit. There was pently of forewarning that the abnormally high caffeine content in this was dangerous for certain groups. Hope the family wins big, nothing will bring back their loved one but this could’ve been avoided with more clear nutrientional warnings.
f u panera
Why is quadruple Monster even on the menu of a restaurant that is mostly famous for soup?
Because they feel the need to pivot and try to extract more money and bring in other types of people by offering more options for everything. To bad it’s all garbage, and very overpriced.
Maybe I am wrong, but there is no way this place can sustain itself with the prices they charge and the drop in quality they now offer compared to early 2000’s.
There was one on campus at my university. I almost never ate there, but it was always pretty popular. This drink seems like it’s designed for that. Get a cup of this stuff and drink it over the course of a long day/night and it’d be fine. Mistaking it for just lemonade, or even a regular caffienated drink, is a huge mistake that should never have been able to happen. There should be clear warnings and labels.
The other thing is, these drinks are in the same dispensers, the same location, that used to have regular juices. Even assuming the signs were there, it’s set up for no one to pay attention
Also it’s mixed on-site by employees, so consistency of caffeine between batches occasions is at risk.
Considering that a fatal dose of caffeine is between 10,000-15,000 mg, I don’t think some variance in the mix is really a problem.
So are you saying “f u” to all coffee shops? Because I can (and often do) get a standard on-menu beverage with more caffeine than these larges without a single warning on it at Dunkin Donuts.
These lemonades are at least covered in “this has THIS much caffeine in it” advertising.
Good lord. I drank like half a red bull once and felt like I was going to die… Why would anyone even want to consume that much…
I had a drop of redbull once and was raging for months. It’s strong stuff
All caffinated beverages should be required to disclose their caffeine content on the packaging.
You mean like how Panera Bread does?
https://media-cldnry.s-nbcnews.com/image/upload/t_fit-560w,f_auto,q_auto:eco,dpr_2.0/rockcms/2023-10/231017-panera-bread-charged-lemonade-al-1019-f1a04a.jpg
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. https://www.panerabread.com/en-us/app/product/57f9b1aa54df4bd2c2eacca55efa1c96.html
Not to disagree with you, you’re right, but I think they should also indicate how much is normal consumption. It’s quite surprising this isn’t something that’s required on the nutritional label.
they should also indicate how much is normal consumption
For real, this is the actual problem. How much does 390 mg of caffeine even mean to the average person? For reference, one of those 20 oz drinks are almost equivalent to 3 cups of regular black coffee.
I’m pretty familiar with the mg amounts based on reading soda labels. That would be 11 glasses of Diet Pepsi, which does sound like a lot.
100mg of caffeine for an 8oz cup of coffee is pretty widely known. I would argue it’s up to the individual with the medical conditions to know exactly how much caffeine they are consuming vs how much is safe for them to consume.
After reading the article it makes it seem like she went to a physical location to get the drink, which has a placard on the dispenser stating exactly how much caffeine is in the drink. Shit, it even states she also got the drink a few days before she died so she had to have known it had a lot of caffeine in it. The only thing that makes sense here is I’m wondering if she ordered it for pickup and the online menu doesn’t have all of this written out clearly. If that’s the case then Panera needs to update that ASAP.
I’m kind of confused by the “it should be labeled!” comments as to me, that is decently labeled. The descriptions say “coffee” and “guarana” for each one, and listing the amounts of caffeine is more information than you get for other drinks. It’s not too much to think that the customer (especially someone with a life threatening condition) would read the descriptions.
Welp, this post might have just saved my life. I had no idea, and a heart condition.
Yeah, this is really serious. I hope people don’t construe this to be an absurd example of over litigation, while it is a completely reasonable case. Kind of like the McDonald’s coffee lady getting clowned on when she is a genuine victim.
We don’t know if it’s a completely reasonable case, yet. A few statements in the article would clearly cross the line of honest journalism if they weren’t quotations (IMO they still do). Specifically, I think quoting 3 words of their “has lots of caffeine” descriptive sign out-of-context was incredibly dishonest. Might as well comment that a “Do Not Enter” sign reads “Enter”. I mean it TECHNICALLY does, but let’s give the reader the full story and let us decide, and the “Do not” is important. Just like the second half of “Plant-based and Clean with as much caffeine as our Dark Roast coffee” is more contextually important than merely “Plant-based and clean”.
Is it possible the signs were smudged, missing, facing the wrong direction, or too small? Yeah, sure. But that’s not what the article is representing as the truth. Some of the quotes comparing the lemonade with the lower-caffeine “dark coffee” even seem nonsensical because the article is hiding the full context of the above quote, that the lemonade is advertised as “as much caffeine as our dark coffee”.
Just want to pop in and remind people that the supposed scourge of “frivolous lawsuits” was just a horribly effective PR stunt to drive down corporate accountability. If you feel wronged, sue if you can. Let a judge or jury decide.
Also the part where she had the same thing to drink before.
Conroy said Katz had bought at least one other Charged Lemonade in the days before her cardiac arrest.
Reporting in after having just come from Panera due to this article. Didn’t read article, and it might be click bait or might not. I do know that the drink in question is slapped right beside all the typical juices and sodas, and the label says “contains as much as our dark roast coffee” then below that, even less obvious it gives serving sizes & caffeine amounts. Call me crazy, but I doubt your average consumer is going to consider just how much caffeine might be in LEMONADE.
Panera is definitely losing this one. It could even be argued that they chose a product with that much caffeine and to not really advertise it based on the amounts of caffeine of the 30oz literally being a hair’s width away from the potential danger threshold.
My biggest question is what is the market for this? Who is like: I really want a lemonade but I want it to have more caffeine than a redbull! It seems like such a weird product in general.
If you want caffeine and you are at a bakery, you are going to get a coffee or tea. If you are at a bakery and want lemonade, you probably aren’t trying to get ‘charged’ or else youd just get a coffee or tea.
There’s still a large number of us wondering wtf the market for Red Bull is. I want a drink with the flavor and consistency of watered down Stretch Armstrong guts with more caffeine than anything that has ever existed. It seems like such a weird product in general.
I’m apparently one of the few people that actually like the taste of redbull, but talking about market, redbull is all about giving people energy, be it real or not is another thing, people buy it when they want to party all night long, when they need to study for a test and don’t want to fall asleep or whatever else related to energy (or just because they like the taste like me lol) so the market does exist.
And since taste was talked about, I absolutely hate the taste of beer and especially those high hop content ones, but they’re incredibly popular, what’s up with that?
Who is like: I really want a lemonade but I want it to have more caffeine than a redbull!
It doesn’t have more caffeine than a red bull per unit volume. But yes, if you compare the largest size to one can of red bull it will win out. So will drinking a similar volume of coffee.
And I’d guess the market for it is people who want coffee levels of caffeine but don’t like the taste of coffee or the citrus battery acid taste of energy drinks.
The 30oz size has 390mg caffeine. The FDA says 400mg a day is not generally associated with harmful effects for adults without heart conditions etc. If the FDA says up to 400mg is fine, I don’t think it’s fair to call that the “danger threshold.” That’s like calling the speed limit the “danger threshold.” It’s set there for a reason, but you don’t go from “no adverse effects” to “danger” as soon as you cross the line.
It’s advertised as having the same amount of caffeine as their coffee. 30oz of coffee is a pretty significant amount. Not typically dangerous, but hardly something you can drink by accident.
390 in a serving versus 400 per day.
That’s an entire days worth in one blast.
Most people normally don’t drink their caffeine over a 24 hour period. Maybe a couple hours. The half-life of caffeine in the body being about 5 hours, the peak concentration of caffeine won’t be that much higher. Note the FDA doesn’t say “400mg is safe but only if you don’t drink it all at once.”
I don’t think they will lose. It clearly states charged lemonade which most people will understand means caffinated. Even if you don’t know that means caffinated it has lettering that is more than large enough that states it has caffeine as well as the amount. It is so apparent that this is caffinated and just as apparent how much it is. It sucks this lady died but either she is also blind as a bat or she decided to gamble and drink it.
The warning has to be reasonable for its purpose. Intended and likely to reach the consumer, and to be understood. It’s meant to fairly apprise consumers of the material risks.
There is nothing resembling a warning. That’s fine if it’s just regular lemonade. It seems to me to be positioned as basically regular lemonade and otherwise indistinguishable except for “charged,” “# mg caffiene,” and “natural ingredients.”
This information seems inadequate based on the seriousness and likelihood of the material risk. The girl’s condition is apparently pretty common, the seriousness of the danger is deathly, and the likelihood that consumers in the girl’s position are as likely as not to understand the danger. More is required.
The average consumer does not know about dosages of caffeine in milligrams, and possible side effects. The labeling seems hardly likely to inform a consumer that one glass of lemonade they are about to drink is the equivalent of drinking three cups of coffee. Who the fuck puts caffiene into lemonade? Is it even lemonade?
Edit: speech to text has gotten worse lately. Also, I have to wonder whether anyone asked for this product? I wonder what the focus groups said. Did they even do them? The more I think of this the worse the idea seems.
The sign says outright that it has as much caffeine as coffee. If drinking an amount of coffee would be too much, drinking that much charged lemonade would be roughly equally too much.
Also, apparently she had a medical condition that meant she shouldn’t be consuming large amounts of caffeine. And she ordered and consumed a large amount of caffeine. That’s what killed her.
This is akin to arguing that a restaurant is responsible if someone with a shellfish allergy orders the shrimp.
