News: Panera Bread warns people 'sensitive to caffeine' not to drink its Charged Lemonade following wrongful-death lawsuit

[Arcadia]

https://www.businessinsider.com/panera-charged-lemonade-new-labeling-caffeine-warnings-after-lawsuit-2023-10?amp
“Panera is facing a wrongful-death lawsuitfiled by the parents of a 21-year-old college student. They allege that their daughter, who had a heart condition, suffered a cardiac arrest and died after drinking one of Panera's caffeinated lemonades.

The lawsuit, filed last week, alleges that the chain offered the beverage with "no warning of any risks of ingesting these concentrated amounts of caffeine in connection with the stimulants and sugar."

Now, Panera is prominently labeling the Charged Lemonade as caffeinated both in stores and online, and has added warnings.

"Use in moderation. NOT RECOMMENDED FOR children, people sensitive to caffeine, pregnant or nursing women," the new online description reads.

….

A large 30-ounce Charged Lemonade has about 390 milligrams of caffeine, according to the posted nutritional facts. That's more than a 12-ounce can of Red Bull and a 16-ounce can of Monster combined.

The FDA lists 400 milligrams — equivalent to about four or five of coffee — as "an amount not generally associated with dangerous, negative effects" for healthy adults. However, it said how sensitive individuals are to the effects of it varies widely.”

[stephanier.1765]

Wow, that's a lot of caffeine! I could see myself buying one and not realizing just how much caffeine it contained, so thanks for the FYI.

[Terabith]

I’m super angry about the charged lemonades.  People think of lemonade as non caffeinated.  One large one is at safe limit for adults, not kids, and lots of people work from Panera and were consuming multiple ones a day.  

[mommyoffive]

I heard about this.  That poor family.  

I agree with @Terabith, most people wouldn't think of a lemonade with caffeine in it. 

[Carrie12345]

I’m upset about its existence. I don’t drink energy drinks except my daily coffee, but I had heard it was marketed as similar to a coffee they sell, and would therefore assume it was safe for me if I DID want an energy drink. And I love lemonade.

Then I’d go tachychardic and have a panic attack. At best. 

[Grace Hopper]

1 hour ago, Terabith said:

I’m super angry about the charged lemonades.  People think of lemonade as non caffeinated.  One large one is at safe limit for adults, not kids, and lots of people work from Panera and were consuming multiple ones a day.  

 

38 minutes ago, Carrie12345 said:

I’m upset about its existence. I don’t drink energy drinks except my daily coffee, but I had heard it was marketed as similar to a coffee they sell, and would therefore assume it was safe for me if I DID want an energy drink. And I love lemonade.

Then I’d go tachychardic and have a panic attack. At best. 

I think it’s irresponsible to sell it. One of my kids mistakenly drank one atop a 40mg dose of an ADHD med and had a rough day. No heart problems but super jittery and uneasy feeling. 
 

I really can’t imagine why they even think it’s a good idea to offer it. I mean, if their customer base really wants an energy drink option, they could sell a recognizable name brand in a can instead of having several flavors in regular dispensers (where people can even refill and double dose on it!). 

[Dmmetler]

Especially since Panera both offers free refills and has their unlimited beverages club where you pay $12 (or so) a month and can stop by and get a drink every 2 hours. 

 

I'm kind of glad that I don't do lemonade/limeade because (except for Chick fil a and Sonic, which both have great diet ones) it's inevitably really, really bad for my blood sugar since the tartness hides just how much sugar there is. Because with my meds, that would be enough caffeine to push my heart rate through the roof. 

[MercyA]

Another death has been reported. 😞 

https://www.nbcnews.com/news/us-news/panera-breads-charged-lemonade-blamed-second-death-lawsuit-alleges-rcna128036

[bolt.]

It really seems like a situation of improper signage, more than anything.

People drink energy drinks: but it is difficult to drink an individually packaged energy drink without knowing that it contains caffeine and other unregulated stimulants. It's also difficult to drink more than one serving without knowing you are drinking more than one serving.

Something about the 'look and feel' of a lemonade drink, in a free-flowing dispenser, with large cups available (especially with their 'frequent sipper' (?) unlimited drink plan) is distracting enough that the "charged" branding isn't having enough impact. Maybe people feel that it's 'caffeinated like a coke or a coffee' but not excessively. Or maybe people just don't associate lemonade and caffeine at all, in spite of the "charged" label.

It's not difficult to understand both sides of this issue.

On the one hand, the marketer is not telling lies. In fact, they are trying to tell people the 'good' features of a "charged" beverage -- that it's full of stimulants. How much messaging is enough?

On the other hand, putting a cup right next to a free-self-refill dispenser that is 10mg shy of the known *maximum* safe daily serving for an adult (and completely unsafe for children and folks with conditions) seems irresponsible.

I'm fascinated to see how the courts divide up the culpable responsibility here.

[PeterPan]

Oh my, I had missed this thread a month ago. That's UNBELIEVABLY that they've added so much caffeine to a product that is traditionally not caffeinated. My teen ds often orders lemonade and would never notice signage and names. Besides, how are people supposed to know they have heart problems? It's not uncommon these days to have some level of heart issues from covid, etc. Someone could have issues and NOT EVEN REALIZE IT and boom get hit by a high dose of caffeine. 

I'd say signage, but at this point they just need to pull it, mercy. Hopefully they will. That's insane. 

[Terabith]

3 hours ago, bolt. said:

It really seems like a situation of improper signage, more than anything.

People drink energy drinks: but it is difficult to drink an individually packaged energy drink without knowing that it contains caffeine and other unregulated stimulants. It's also difficult to drink more than one serving without knowing you are drinking more than one serving.

Something about the 'look and feel' of a lemonade drink, in a free-flowing dispenser, with large cups available (especially with their 'frequent sipper' (?) unlimited drink plan) is distracting enough that the "charged" branding isn't having enough impact. Maybe people feel that it's 'caffeinated like a coke or a coffee' but not excessively. Or maybe people just don't associate lemonade and caffeine at all, in spite of the "charged" label.

It's not difficult to understand both sides of this issue.

On the one hand, the marketer is not telling lies. In fact, they are trying to tell people the 'good' features of a "charged" beverage -- that it's full of stimulants. How much messaging is enough?

On the other hand, putting a cup right next to a free-self-refill dispenser that is 10mg shy of the known *maximum* safe daily serving for an adult (and completely unsafe for children and folks with conditions) seems irresponsible.

I'm fascinated to see how the courts divide up the culpable responsibility here.

Well, I mean, one large charged lemonade has WAY more caffeine than an energy drink.  

I genuinely think this is completely irresponsible of Panera.  

[Danae]

11 hours ago, Terabith said:

Well, I mean, one large charged lemonade has WAY more caffeine than an energy drink.  

I genuinely think this is completely irresponsible of Panera.  

The beverage itself is about the same as an energy drink.  It’s the serving size that’s a problem.  
 

“ A large 30-ounce Charged Lemonade has about 390 milligrams of caffeine, according to the posted nutritional facts. That's more than a 12-ounce can of Red Bull and a 16-ounce can of Monster combined” is a misleadingly sensational way to say that 30 ounces of charged lemonade has slightly more caffeine than 28 ounces of energy drink.  
 

[Serenade]

I enjoyed a few of the Panera charged drinks this past summer with a meal. I had maybe two of them over the course of a several hour lunch with a friend, and I didn't especially notice any caffeine jolt. I didn't get nearly the jolt that I'd get if I drank two Panera coffees!  I was well aware of the fact that they were "charged" because it was posted on the drink machine.  Perhaps the fact that I drank them with a meal, over a good half-cup of ice, and sipped them slowly, helped me not to feel any particular caffeine jolt.  If somebody ordered them for take-out, and didn't fill the drink themselves, perhaps they wouldn't notice the sign that they were charged, but it was pretty obvious to me. 

[TechWife]

I had no idea that the charged lemonade has caffeine in it. None. It’s just sitting there in the dispenser like everything else. If anything I thought “charged” meant it would super charge you with sugar. Caffeine never crossed my mind. Am I living under a rock?

[marbel]

21 minutes ago, TechWife said:

I had no idea that the charged lemonade has caffeine in it. None. It’s just sitting there in the dispenser like everything else. If anything I thought “charged” meant it would super charge you with sugar. Caffeine never crossed my mind. Am I living under a rock?

To me a drink with charge or charged in the name means it will contain caffeine/extra caffeine. I think there is an energy drink named Charge or Charged. 

Not saying Panera did the right thing by simply calling the drink "charged lemonade" without making it clear how much caffeine was in it, but when the drink came out I assumed it was like an energy drink.  {ETA just saw a post that it is clearly marked.) 

ETA: I just came across "Rechargers" which is a caffeinated energy drink sold by a regional convenience store chain here (Wawa). Since I go to their stores, I have probably seen that numerous times which likely contributed to my sense that "charged" means caffeine.

 

Edited December 6, 2023 by marbel

[Danae]

12 minutes ago, TechWife said:

I had no idea that the charged lemonade has caffeine in it. None. It’s just sitting there in the dispenser like everything else. If anything I thought “charged” meant it would super charge you with sugar. Caffeine never crossed my mind. Am I living under a rock?

I mean, it says it right on the sign on the dispenser and not in particularly small print.  I know I’m an outlier in reading text anywhere it shows up (I can go to the zoo and forget to look at the animals because I spend all my time reading the signs) but it was pretty clear.  Caffeine from [some plant that starts with a g] and green coffee extract.  

[Danae]

[bolt.]

Do we know: Are these the new/current signs (in response to the first lawsuit) or are they the original signs (that were in place when the alleged victims made their choice to drink it)?

[PeterPan]

What's missing on those signs is any warning about normal/recommended MAX DOSES, some kind of WARNING. It assumes the average person knows how many mg of caffeine is in this or that. 

[Danae]

23 minutes ago, bolt. said:

Do we know: Are these the new/current signs (in response to the first lawsuit) or are they the original signs (that were in place when the alleged victims made their choice to drink it)?

Those are the originals.  The new ones have warnings about not for children and pregnant women and people sensitive to caffeine.

Edited December 6, 2023 by Danae

[PeterPan]

Besides, what's with the whole "clean caffeine" thing?? That's like saying organic rat poison. 😂 

[PeterPan]

Just now, Danae said:

Those are the originals.  The new ones have warnings about not for children and pregnant women.

But no disclosure about the max recommended caffeine per day? The FDA has put out official numbers, right? So they could put those numbers in context and say the FDA says max 400mg per day, higher doses can be LETHAL. But that would contradict their whole green/healthy vibe they've got going, lol. 

[Arcadia]

23 minutes ago, bolt. said:

Do we know: Are these the new/current signs (in response to the first lawsuit) or are they the original signs (that were in place when the alleged victims made their choice to drink it)?

They added this sign (https://www.reddit.com/media?url=https%3A%2F%2Fi.redd.it%2Fjust-had-to-tell-a-dad-about-the-caffeine-content-who-was-v0-p0grg7b99zwb1.jpg%3Fs%3Dbe029e386139f9452327d891f721169aa7e39a4e)

 

[TechWife]

32 minutes ago, Danae said:

I have to concentrate to bring print that size into focus. I don’t take the time to focus on print that small unless I need to. 
 

ETA: had it been dark print on a white background I would probably have picked it up. 

Edited December 6, 2023 by TechWife

[PeterPan]

12 minutes ago, Arcadia said:

They added this sign (https://www.reddit.com/media?url=https%3A%2F%2Fi.redd.it%2Fjust-had-to-tell-a-dad-about-the-caffeine-content-who-was-v0-p0grg7b99zwb1.jpg%3Fs%3Dbe029e386139f9452327d891f721169aa7e39a4e)

 

Think about how ridiculous this is. Lots of things contain caffeine. The point is not that it's caffeine but a MASSIVE AMOUNT of caffeine. A 12 oz Diet Coke which also "has caffeine" has 46mg. But I as a consumer didn't know that and had to google, which means I might have no context to interpret "contains caffeine" and might think it contains caffeine in the same way as any other random caffeinated drink.

[Innisfree]

If I were in a Panera, especially if (as is actually the case) the chain was not a familiar place for me, navigating a new store, looking at unfamiliar drinks (Mango Yuzu Citrus?!), I would quite likely focus on the name in large font. The whole “charged lemonade” label would be easy to miss. Also, as @TechWife mentioned, I would have a hard time reading the fine print. Aging eyes and bifocals have really changed my experience of shopping.

[PeterPan]

3 minutes ago, Innisfree said:

I would have a hard time reading the fine print. Aging eyes and bifocals have really changed my experience of shopping.

Does Panera skew younger? 😂 My dh likes to take us there for lunch when we're out and about and the place DRIVES ME CRAZY. The ordering kiosks are all text, the menus on the boards are small print. I'm a pictures girl--just show me pictures and I'll pick what to eat. So I either avoid going there or order the first thing I see in a big picture that looks edible. 

So yeah, whoever is doing the graphic design for Panera has issues anyway. 

Why their lawyers haven't gotten hold of them and gotten this fixed is beyond me. Two deaths from lemonade is just astonishing.

Edited December 6, 2023 by PeterPan

[PeterPan]

PS. @Innisfree will be happy to know Shake Shack uses pictures in their ordering kiosks. So you can skip Panera and go to Shake Shack. 🤣

Edited December 6, 2023 by PeterPan

[Terabith]

3 hours ago, PeterPan said:

But no disclosure about the max recommended caffeine per day? The FDA has put out official numbers, right? So they could put those numbers in context and say the FDA says max 400mg per day, higher doses can be LETHAL. But that would contradict their whole green/healthy vibe they've got going, lol. 

And also those maximum doses are for healthy adults.  Kids and people with heart or neurological conditions can have major effects, up to and including death, from lower amounts.  How many 16 year olds walking around with undiagnosed heart conditions know 1) how much caffeine is the maximum daily dose, 2) read labels closely on LEMONADE (not traditionally caffeinated) and 3) recognize that they can have adverse health effects from a lower amount of caffeine because of their age or health?  

[Lady Marmalade]

Yikes. I wondered how this compared to Starbucks Refreshers, caffeine wise, and it seems a refresher has, on average, 45 milligrams of caffeine.  I would have to drink 5 refreshers to get the same boost as a charged lemonade.  I would imagine Panera could reduce the amount of caffeine by a lot and still call it "charged".  

[jrn]

My dd20 loves Panera and loves fancy drinks. She is usually pretty cautious because she is sensitive to caffeine and can only have it in moderation. She had no idea how much caffeine was in it. I’m fortunate her reaction was manageable. Our local store has moved this drink behind the counter. 

[PeterPan]

35 minutes ago, jrn said:

My dd20 loves Panera and loves fancy drinks. She is usually pretty cautious because she is sensitive to caffeine and can only have it in moderation. She had no idea how much caffeine was in it. I’m fortunate her reaction was manageable. Our local store has moved this drink behind the counter. 

Oh my goodness, I'm glad she was ok!! And yes, that's probably wise for them to move it. 

[Grace Hopper]

The warning should specifically include mentions of poor medication reactions - anything that is a form of amphetamine like ADHD meds, or medications that help regulate heart rate. 
 

It’s seriously a cesspool of liability. I’m curious what the profit margins are on these “charged” beverages, because apparently it’s enough for the company to be willing to still vend them. 

[Terabith]

 

[JustEm]

16 minutes ago, Terabith said:

 

Somehow I knew Food Theory would have a video on this drink. The kids are big fans of MatPat

[Corraleno]

2 hours ago, Lady Marmalade said:

Yikes. I wondered how this compared to Starbucks Refreshers, caffeine wise, and it seems a refresher has, on average, 45 milligrams of caffeine.  I would have to drink 5 refreshers to get the same boost as a charged lemonade.  I would imagine Panera could reduce the amount of caffeine by a lot and still call it "charged".  

30 oz Refresher  =  90 mg caffeine, 41g of sugar, 190 calories  
30 oz "Charged" = 389 mg caffeine, 124 g sugar, 530 calories 

For another comparison, a 30 oz charged lemonade is equivalent to 5 espressos + a heaping half-cup of sugar. That is insane.

[Lady Marmalade]

2 hours ago, Corraleno said:

30 oz Refresher  =  90 mg caffeine, 41g of sugar, 190 calories  
30 oz "Charged" = 389 mg caffeine, 124 g sugar, 530 calories 

For another comparison, a 30 oz charged lemonade is equivalent to 5 espressos + a heaping half-cup of sugar. That is insane.

Insanity for sure. 

[bolt.]

3 hours ago, Grace Hopper said:

It’s seriously a cesspool of liability. I’m curious what the profit margins are on these “charged” beverages, because apparently it’s enough for the company to be willing to still vend them. 

It seems to me like maybe, if they were to react to just the allegation that their drink has contributed to deaths by stopping sales immediately -- that their reaction could be used in the argument that they are at fault. It could seem like an admission of guilt. They probably need to maintain that they don't consider their product to blame... and they probably will, until proven otherwise.

[Faith-manor]

15 hours ago, Corraleno said:

30 oz Refresher  =  90 mg caffeine, 41g of sugar, 190 calories  
30 oz "Charged" = 389 mg caffeine, 124 g sugar, 530 calories 

For another comparison, a 30 oz charged lemonade is equivalent to 5 espressos + a heaping half-cup of sugar. That is insane.

😱😱😱

 Irresponsible is a word that comes to mind, but doesn't even scratch the surface! Wow.

Edited December 7, 2023 by Faith-manor

[Harriet Vane]

14 hours ago, Corraleno said:

30 oz Refresher  =  90 mg caffeine, 41g of sugar, 190 calories  
30 oz "Charged" = 389 mg caffeine, 124 g sugar, 530 calories 

For another comparison, a 30 oz charged lemonade is equivalent to 5 espressos + a heaping half-cup of sugar. That is insane.

Where did you get these numbers? A young adult in my orbit is challenging this, stating that Panera lists 219 mg of caffeine. When I look on their website, the charged drinks give a range. Thanks.

[MercyA]

You know there is someone at Panera loving this publicity. 😞 

Edited December 7, 2023 by MercyA

[El...]

1 hour ago, Harriet Vane said:

Where did you get these numbers? A young adult in my orbit is challenging this, stating that Panera lists 219 mg of caffeine. When I look on their website, the charged drinks give a range. Thanks.

I see different numbers on the NYT article than are currently on the Panera app nutritional information. I wonder if they reduced the size of the cups since the lawsuit. They might also be allowing for ice. There would be precedent for that kind of thing.

It's still a LOT of caffeine. Here's what I'm seeing on the large cup description this morning. 

[PeterPan]

2 hours ago, Harriet Vane said:

Where did you get these numbers? A young adult in my orbit is challenging this, stating that Panera lists 219 mg of caffeine. When I look on their website, the charged drinks give a range. Thanks.

Can you imagine being the one MIXING this at the Panera store? 🤣 Ooo hey, let's dump in a little bit EXTRA of that powder for Christmas and make them HAPPY!! 😂

Liability city, lol. Surely they come in predone bags or containers that get diluted? Maybe that's why there's a range. Still, dumb, dumb. Somebody at Panera needs their heads examined.

[Corraleno]

2 hours ago, Harriet Vane said:

Where did you get these numbers? A young adult in my orbit is challenging this, stating that Panera lists 219 mg of caffeine. When I look on their website, the charged drinks give a range. Thanks.

The online order portal on the Panera website does list 219 mg, but that's not what the in-store signage says. The figure of 389 or 390 mg caffeine for 30 oz is stated in the lawsuit and it's what's listed on the actual Mango Yuzu Citrus lemonade dispenser as well as the warning about it not being suitable for children and pregnant women (see below). 

My guess is that the online menu is fudging the numbers by assuming someone would fill the cup with ice and only actually get 17 oz of drink in a 30 oz cup. But that is disingenuous since comparisons to drinks like Monster or Red Bull, or even Coke or coffee, are comparing ounces of the actual product, not including a vague ice-displacement-fudge-factor that assumes people will only drink half the can of Monster.

Edited December 7, 2023 by Corraleno

[Arcadia]

1 hour ago, El... said:

They might also be allowing for ice.

 

11 minutes ago, Corraleno said:

My guess is that the online menu is fudging the numbers by assuming someone would fill the cup with ice and only actually get 17 oz of drink in a 30 oz cup. But that is disingenuous since comparisons to drinks like Monster or Red Bull, or even Coke or coffee, are comparing ounces of the actual product, not including a vague ice-displacement-fudge-factor that assumes people will only drink half the can of Monster.

I have not eaten at Panera for more than a decade. However, online and drive thru orders at other places for iced drinks tend to come with one third of ice and sometimes half filled with ice. 

[wathe]

 

29 minutes ago, Corraleno said:

The online order portal on the Panera website does list 219 mg, but that's not what the in-store signage says. The figure of 389 or 390 mg caffeine for 30 oz is stated in the lawsuit and it's what's listed on the actual Mango Yuzu Citrus lemonade dispenser as well as the warning about it not being suitable for children and pregnant women (see below). 

My guess is that the online menu is fudging the numbers by assuming someone would fill the cup with ice and only actually get 17 oz of drink in a 30 oz cup. But that is disingenuous since comparisons to drinks like Monster or Red Bull, or even Coke or coffee, are comparing ounces of the actual product, not including a vague ice-displacement-fudge-factor that assumes people will only drink half the can of Monster.

 

 

Yup, as served with ice..  Canadian online ordering menu states this "Charged Sips, as served with ice, contain 150-237mg of CAFFEINE. Consume in moderation. NOT RECOMMENDED FOR children, people sensitive to caffeine, pregnant or nursing women."  Bolding mine.

[Laura Corin]

Perhaps the more fundamental problem is 30 ounce cups with free refills. So much sugar and ..... who know what, even before the caffeine is considered. 887ml? That's a lot.

Eta - I just checked and the large cup at McDonald's in the UK is 500ml. Still big but not so enormous.

Edited December 7, 2023 by Laura Corin

[Grace Hopper]

As serves with ice. Raise your hand if you never refill a beverage to make it a drink to go. With ice, but twice. 
 

If Panera wishes to keep selling this stuff, the responsible thing to do would be to can or bottle it and sell it that way, with all the warning whistles. 

[Arcadia]

38 minutes ago, Grace Hopper said:

As serves with ice. Raise your hand if you never refill a beverage to make it a drink to go. With ice, but twice. 
 

If Panera wishes to keep selling this stuff, the responsible thing to do would be to can or bottle it and sell it that way, with all the warning whistles. 

I think it is the self serve and refill aspect. I buy the hotdog & soda set at Costco and I have my soda without ice and I do refill my soda cup without ice when leaving. 
McDonalds in my country of origin used to have free self serve coffee refills until 11am. Many early morning customers were refilling a few times while having meetings there. They changed to one refill for coffee and you have to bring your cup to the counter staff. 

[Corraleno]

3 hours ago, El... said:

I see different numbers on the NYT article than are currently on the Panera app nutritional information. I wonder if they reduced the size of the cups since the lawsuit. They might also be allowing for ice. There would be precedent for that kind of thing.

It's still a LOT of caffeine. Here's what I'm seeing on the large cup description this morning. 

That's the 20 oz, according to the signs on the dispensers that flavor has 390 mg for 30 oz