Panera Bread Co. must face a lawsuit over a death allegedly linked to its new line of “charged” lemonades, which have thrust the company into the spotlight and brought a renewed focus on the safety of caffeinated energy drinks.
The company on Monday lost a bid to dismiss a complaint that was filed by the family of Sarah Katz, a 21-year-old University of Pennsylvania student, who sued the company after she died of cardiac arrest in September 2022. Another suit was filed last month in relation to the death of a 46-year-old Florida man who had a heart attack after consuming the beverage in October.
Panera introduced Charged Lemonade in April 2022 to capture a slice of the $21 billion energy drink market, which grew by about 8.6% last year, according to Beverage Digest. The amount of caffeine in the drinks has been the subject of numerous social media posts since they were introduced last year.
While a multitude of energy drinks are available, a lawyer for the Katz family says the problem at Panera is worse than for other products because the company promotes plans that allow unlimited refills and serves the beverages alongside other non-caffeinated drinks, leading consumers to believe they are safe.
“It’s not really a lemonade at all,” said Elizabeth Crawford, a Philadelphia-based lawyer for the plaintiffs in both suits. “It’s a toxic energy drink. It’s got 390 milligrams of caffeine, which is a lot of caffeine for a product that is going to be advertised with unlimited refills when the FDA recommends less than 400 milligrams a day.”
Undiluted, Charged Lemonade has 13 milligrams of caffeine per ounce, about the same as Panera’s dark roast coffee. A large lemonade contains 30 ounces of the drink, which is sold in flavors such as Strawberry Lemon Mint and Mango Yuzu Citrus.
Crawford said US District Judge Timothy J. Savage in Philadelphia rejected the company’s arguments in the October lawsuit that…
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