In the past three months, two wrongful death suits have been filed against Panera Bread. The complaints allege that Panera’s “Charged Lemonade” caused the deaths of two people after they consumed the caffeinated beverage. Let’s get into the details.
Background
In October 2023, a 21-year-old college student named Sarah Katz died from cardiac arrest after drinking Panera’s Charged Lemonade. According to a lawsuit, she consumed “a large cup [of lemonade] of which contains more caffeine than cans of Red Bull and Monster energy drinks combined. She had one other Charged Lemonade in the days before her cardiac arrest.
The complaint, filed in the Philadelphia Court of Common Pleas, alleges that the victim had an underlying heart condition, which disallowed her from consuming energy drinks. However, she was allowed to have Gatorade, which contains no caffeine. She unknowingly consumed the Charged Lemonade, not realizing it was an energy drink, because according to the complaint, “the display of Panera Charged Lemonade at the retail store…. was offered side-by-side with all of Panera’s non-caffeinated and/or less caffeinated drinks; it was not advertised as an ‘energy drink.'”
The complaint states the beverages are unregulated and “include no warning of any potentially dangerous effects.” There is also no warning of any risk of ingesting “these concentrated amounts of caffeine in connection with the stimulants and sugar,” according to the complaint.
This month, a second wrongful death suit was filed against Panera concerning its Charged Lemonade. Dennis Brown, a 46-year-old man from Florida, died after drinking three servings of caffeinated beverages. According to the lawsuit, Brown had consumed the beverage for six days before his death. On the day he died, he had three servings of the Charged Lemonade, believing it contained a safe amount of caffeine for him to drink. He suffered a cardiac event walking home from the Panera. His family filed this wrongful death suit in a Superior Court in Delaware. The lawsuit alleges that Panera should have known its beverage could injure caffeine-sensitive people.
Both victims were part of Panera’s Unlimited Sip Club membership. The club allows members to consume unlimited drinks at Panera for a monthly fee. Both victims also experienced a cardiac event that led to their deaths.
Panera’s Response to the Lawsuits
Panera issued statements after each of the victims’ deaths. In the first statement, they expressed sadness upon learning of Sarah Katz’s death and said they would “work quickly to thoroughly investigate this matter.” Following Dennis Brown’s death, Panera issued another statement expressing sympathy for Brown’s family but also stating that based on their investigation, they “believe his unfortunate passing was not caused by one of the company’s products.” The statement said, “We view this lawsuit, which was filed by the same law firm as a previous claim, to be equally without merit.”
After Sarah Katz’s death, Panera announced that an investigation was ongoing and “out of an abundance of caution, [they] have enhanced existing caffeine disclosure for these beverages at our bakery cafes, on our website, and on the Panera app.” After the second lawsuit was filed, Panera claimed they were in the process of updating their menu materials and information.
How Much Caffeine is Too Much?
According to the Food and Drug Administration (FDA), healthy adults should not consume more than 400 milligrams of caffeine daily. This amount is “generally not dangerous or associated with negative effects.” It is equivalent to “four cups of coffee, six shots of espresso, or two cans of Prime energy drink.” The FDA advises that people with certain medical conditions should limit or avoid caffeine. Caffeine is a stimulant, and although extremely rare, it is possible to overdose on it.
According to the Washington Post, for the average healthy adult, a lethal dose of caffeine would be about 10 grams or 150 mg per kilogram of body weight…That amount –equal to about 60 Monster drinks –is incredibly difficult to consume through liquids but is more likely with caffeine powder or pill supplements.” However, for people with underlying heart conditions, “dangerous effects can happen at much lower doses.
Adequate Warnings, Intent, and Consumer Responsibility
Panera’s caffeinated beverages are promoted as “charged sips” and come in citrus, apple cranberry, and lemonade flavors. The drinks are offered in self-service dispensers, and Sip Club members can access unlimited refills. One large-size cup of the Charged Lemonade “has about 390 milligrams of caffeine, about four times the amount found in a cup of coffee.” This means that just one large Charged Lemonade is equivalent to the maximum amount of caffeine a healthy adult should consume in a single day.
The US government considers most energy drinks a dietary supplement and requires “companies to ensure their products contain an amount of caffeine that is ‘safe,’ but explicit limits are placed only on carbonated drinks or ‘cola-type beverages.’ No clear guidelines exist for labeling beverages as energy drinks. However, the FDA does require non-drug products (whether a beverage or supplement) to include caffeine on the ingredients label. Still, specific amounts do not have to be disclosed. Drink companies that are part of the American Beverage Association, “however do disclose the amount of added caffeine.”
One of the biggest hurdles attorneys for the plaintiffs will face in these upcoming lawsuits is proving intent or that Panera was negligent. Whether “Charged Lemonade” was enough of a warning to consumers will be questioned. Further, attorneys will have to prove that the Charged Lemonade caused the victim’s death –a complex argument to make. It will be interesting to see how these two lawsuits play out. Check back with the blog for updates.
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Sources:
https://www.washingtonpost.com/wellness/2023/12/06/panera-caffeine-lawsuits-deaths-risks/
https://www.nbcnews.com/news/us-news/panera-lawsuit-charged-lemonade-sarah-katz-death-rcna120785
https://www.nytimes.com/2023/12/05/us/panera-charged-lemonade-death.html
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