Panera Bread restaurants have displayed new warnings about its highly caffeinated lemonade, days after a lawsuit filed by the family of a university student who died after drinking the beverage.
Sarah Katz, an Ivy League student with a congenital heart condition, died last year just hours after drinking Panera’s Charged Lemonade, having apparently been unaware of the soda’s extremely high caffeine content, according to the wrongful death suit.
A large Charged Lemonade contains 390mg – more than standard cans of Red Bull and Monster energy drinks combined. The total maximum caffeine intake for healthy adults is 400mg a day, according to the Food and Drug Administration.
The legal complaint argues that Panera failed to adequately warn customers about the “dangerous energy drink”, which also contains the stimulant guarana extract, and the equivalent of almost 30 teaspoonfuls of sugar.
The new warning signs state that Charged Lemonade contains caffeine, should be consumed in moderation and is not recommended for children, people sensitive to caffeine, pregnant or nursing women.
The warning displayed on the lemonade fountain “reads like a surgeon general warning”, according to one person on X, formerly known as Twitter.
I appreciate that the Panera death lemonade fountains now have a sign that conveys the exact same information as their promo text, but reads like a surgeon general warning. pic.twitter.com/vSI3aQZvyi
— Andrew Schnorr (@elderlyapple) October 28, 2023
But the attorney representing the Katz family told NBC that the information did not go far enough.
“It’s misleading in the sense that it’s not indicating that it is an energy drink,” Elizabeth Crawford told NBC. “I’m happy that we are moving in a direction of making a change, but I consider these baby steps.”
The warning does not include context for the amount of caffeine in the drink, which comes in various fruity flavors, nor does it mention that the soda also contains another stimulant.
Katz, 21, was diagnosed at age five with long QT syndrome, a heart signaling disorder that can cause fast, chaotic heartbeats as a result of too much exercise, stress and certain foods and drinks including caffeinated beverages. According to the lawsuit, Katz followed her doctors’ recommendations to avoid large amounts of caffeine, and “never knowingly consumed energy drinks”.
But about a week and a half before she died, Katz bought an Unlimited Sip Club membership from Panera, which allows customers to pay a fee for unlimited refills of certain drinks – including Charged Lemonade.
At the time of Katz’s death, Charged Lemonade was advertised as “plant-based and clean” and “offered side-by-side with all of Panera’s non-caffeinated and/or less caffeinated drinks” in the Philadelphia location near Katz’s University of Pennsylvania campus, the lawsuit says
“By virtue of it being part of the Unlimited Sip Club, it’s suggesting to consumers that it’s safe to have more than one,” said Crawford, the family attorney. “And that is a big problem because it’s not safe to have one, let alone more than one.”
According to one customer, the caffeinated Charged Lemonade fountain has been moved behind the counter but is still available for unlimited refills.
Panera finally put up warning signs about the caffeine in Charged Lemonades after that girl died and also moved them all behind the counter so you have to ask staff members for refills pic.twitter.com/9swtbU9oAl
— Jen (@jenjenjennnnn) October 28, 2023
The FDA told NBC News that it was “gathering information” about Katz’s death, which occurred in September 2022.
“We were saddened to learn this week about the tragic passing of Sarah Katz. While our investigation is ongoing, out of an abundance of caution, we have enhanced our existing caffeine disclosure for these beverages at our [North American] bakery-cafes, on our website and on the Panera app,” a Panera spokesperson told NBC News.
