Why Is Panera Bread’s Charged Lemonade Still On The Menu After Three Lawsuits?

Panera Bread’s line of Charged Lemonade beverages have been the hot topic of several news stories in recent weeks. There are three pending lawsuits against Panera specifically because of the high amounts of caffeine in these drinks, which has led to the death of two customers and irreversible health complications in another. So, why do they remain on the menu at all?

“Very often in lawsuits, there is a knee-jerk reaction among lawyers to do as little as possible publicly out of some vague fear that you are exposing yourself to additional liability,” crisis PR expert James Haggerty told CNN, noting that this approach can have a detrimental effect on the market value of a company, at times to the tune of hundreds of millions of dollars.

The first lawsuit was filed in October 2023 seeks compensatory and punitive damages from Panera following the 2022 death of a 21-year-old woman who died after consuming Charged Lemonade. The suit alleges that the lack of labels and signage to disclose the caffeine content of the lemonade contributed to her death. After the lawsuit was filed, Panera added a caffeine warning to the drink both in its restaurants and online.

Then, in December 2023, a second lawsuit was filed after an October incident. A 46-year-old Florida resident allegedly drank three servings of the Charged Lemonade and suffered a fatal cardiac arrest afterward. The lawsuit notes that at the time of the customer’s death, these beverages were available in self-serve dispensers at Panera, “offered side-by-side with all of the store’s non-caffeinated and/or less caffeinated drinks.”

Finally, the third and most recent lawsuit appeared on January 16th. ABC News reported that the lawsuit alleges that two-and-a-half servings of Charged Lemonade “caused permanent cardiac injuries” to the plaintiff, who was “otherwise healthy and had no underlying medical condition.” The drinks were allegedly consumed in April 2023.

The woman, a vegetarian, ordered the beverage “because it was advertised as ‘plant-based’ and ‘clean,’” the lawsuit says, but after drinking it she allegedly experienced heart palpitations. The suit describes how she ended up in the hospital and eventually needed to be moved to the critical care unit after her heart rate went up. The lawsuit notes that she continues to suffer side effects like rapid heartbeat, brain fog, heart palpitations, and other symptoms, and she developed a tremor in one hand.

While Panera hasn’t removed the drink completely, some locations have made some adjustments.

A Reddit thread confirmed that at some Panera locations, the dispensers for the Charged Lemonade have been moved behind the counter, rather than sitting out with the other self-serve drinks. However, some commenters who self-identify as Panera employees note that the customer can still easily ask for refills if they want more.

Another change is that the amount of caffeine listed in the Charged Lemonades appears to be lower (157-236mg) than it used to be. A large serving (30 oz.) of the Charged Lemonade was previously listed as having 390 milligrams of caffeine, which is just under the daily recommended maximum of 400 milligrams per day.

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