Panera Bread Co. should face a lawsuit over a dying allegedly linked to its new line of “charged” lemonades, which have thrust the corporate into the highlight and introduced a renewed concentrate on the protection of caffeinated power drinks.
The firm on Monday misplaced a bid to dismiss a criticism that was filed by the household of Sarah Katz, a 21-year-old University of Pennsylvania pupil, who sued the corporate after she died of cardiac arrest in September 2022. Another go well with was filed final month in relation to the dying of a 46-year-old Florida man who had a coronary heart assault after consuming the beverage in October.
Panera launched Charged Lemonade in April 2022 to seize a slice of the $21 billion power drink market, which grew by about 8.6% final yr, in accordance with Beverage Digest. The quantity of caffeine within the drinks has been the topic of quite a few social media posts since they have been launched final yr.
While a large number of power drinks can be found, a lawyer for the Katz household says the issue at Panera is worse than for different merchandise as a result of the corporate promotes plans that permit limitless refills and serves the drinks alongside different non-caffeinated drinks, main shoppers to imagine they’re secure.
“It’s not really a lemonade at all,” mentioned Elizabeth Crawford, a Philadelphia-based lawyer for the plaintiffs in each fits. “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 identical as Panera’s darkish roast espresso. A big lemonade accommodates 30 ounces of the drink, which is bought in flavors resembling Strawberry Lemon Mint and Mango Yuzu Citrus.
Crawford mentioned US District Judge Timothy J. Savage in Philadelphia rejected the corporate’s arguments within the October lawsuit that there was no causal relationship between Katz’s dying and the lemonade. Panera had mentioned of their filings that Katz had a life-threatening coronary heart situation known as Long QT Syndrome since age 5 that put her at “increased risk of sudden cardiac arrest and death.”
Panera didn’t instantly reply to electronic mail inquiries looking for touch upon the choice. After the second go well with was filed final month, the corporate expressed “deep sympathy” for the household whereas standing by the protection of its drinks.
Last month, St. Louis-based Panera Bread minimize 17% of its company staff as its mum or dad firm, Panera Brands, prepares for an preliminary public providing. The firm, managed by JAB Holding Co., additionally contains Einstein Bros. Bagels and Caribou Coffee.
This isn’t the primary time that power drinks have been the focus of litigation.
More than a decade in the past Monster Beverage Corp. and different drink makers confronted a flurry of lawsuits and inquiries from regulators over the caffeine content material of its merchandise following the dying of a 14-year-old Maryland woman after consuming its signature product in 2011. A 16-ounce can of Monster has 160 milligrams of caffeine, or about 10 milligrams an oz.
A California jury in 2018 present in favor of Monster in a single lawsuit alleging its drinks triggered cardiac arrest within the first case of its kind to go trial, a choice that was upheld in 2021.
Monster settled the preliminary case involving the woman from Maryland, however mentioned that there is no such thing as a medical, scientific or factual proof to help the discovering that “caffeine toxicity” triggered the teenager’s dying, and later settled the case earlier than trial.
The firm modified the way in which it marketed its signature drink to label it as a beverage, somewhat than a dietary complement, and added a disclosure concerning the quantity of caffeine to its cans.
Panera has additionally added warnings within the wake of the lawsuits, informing shoppers that the drinks embody caffeine, needs to be utilized in moderation and are usually not really useful for kids, folks delicate to caffeine, pregnant or nursing, and likewise moved the product behind the counters, Crawford mentioned.
Another lawyer who represents shoppers in lawsuits in opposition to firms mentioned that the Panera litigation is totally different from the earlier spherical of caffeine circumstances.
“The legal theories are similar, but the facts may be even more favorable for plaintiffs,” mentioned Omar Ochoa, a Texas lawyer who isn’t concerned within the circumstances filed by Crawford. “Panera’s Charged Lemonade reportedly has more caffeine in the large size than a 12-ounce can of Red Bull or an 18-ounce can of Monster. This elevated level provides even more reason to believe there’s a duty to warn consumers of risks.”
In addition to the Katzes, Crawford represents the household of one other one who died after taking the product. Dennis Brown allegedly suffered a coronary heart assault in 2023 after ingesting three servings of the lemonade. Brown suffered from a chromosomal deficiency and an mental incapacity.
“Based on our investigation, we believe his unfortunate passing was not caused by one of the company’s products,” Panera mentioned in an announcement.
Elizabeth Burch, a legislation professor on the University of Georgia, mentioned the well being issues of Brown and Katz, nonetheless, point out that the variety of lawsuits may be restricted.
“These are such extreme cases,” mentioned Elizabeth Burch, a legislation professor on the University of Georgia. “In order to open up floodgates I would think you would have to have a broader theory of liability that would lend itself to more of a class action type scenario. I don’t think we’ve seen that.”
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