Earlier this week, Panera got hit with a third lawsuit involving their highly-caffeinated Charged Lemonades. This lawsuit was filed by a young woman who alleged she now has “permanent cardiac injuries” as a result of an medical incident she experienced after drinking two-and-a-half cups of the energy drink. Charged Lemonades have almost 300mg of caffeine, which makes it more caffeinated (and sugary) than a Red Bull or Monster energy drink. The first two lawsuits were filed in Fall 2023, alleging the wrongful death of two customers with pre-existing heart conditions who drank it after it was marketed as a “plant-based and clean” drink that’s as caffeinated as a mere cup of dark roast coffee.
After the first two lawsuits, Panera’s original solution was to make sure people were aware of Charged Lemonade’s high caffeine content by putting up “enhanced” signs disclosing the caffeine content. My thoughts were that most people do not know the daily caffeine consumption limits, so without marketing it as an energy drink or making people aware that it’s worth as much as three cups of coffee, there would still be people who drink it and get hurt or worse. They could even just lower the caffeine content so that it actually *does* just contain the same amount as a dark roast. Well, rather than make any significant changes in the product itself, Panera has decided to just change the way they distribute it. From now on, the company is moving Charged Lemonades from the self-serving stations to behind-the-counter. This means an employee will serve them and get them refills.
After multiple lawsuits have been filed against the company, alleging that the drink caused health defects and in some cases fatalities, the fast casual chain has now removed the self-serve fountains in some locations.
“Looking for Charged Sips? You can pick up your order on the Rapid Pick-Up shelf or at the pick-up counter. Ask an associate if you need help locating your drink,” reads a sign at some Panera locations, as confirmed by PEOPLE. The new policy makes it so that customers cannot serve themselves lemonade or get a refill, but instead must rely on an employee to do so.
Panera did not immediately respond to PEOPLE’s request for comment and clarification. In October, after the first complaint against the chain was filed, some Panera locations put up signs in front of the charged lemonade dispensers with increased warning.
“Contains CAFFEINE – Consume in Moderation. NOT RECOMMENDED FOR children, people sensitive to caffeine, pregnant or nursing women,” read the signs.
This is a start, I guess, but even then, will consumers know to monitor their consumption without knowing why the drinks are no longer self-serve? To the uninformed, they look like Panera’s version of Starbucks Refreshers. Hopefully these warning signs go from “some” to “all” Paneras and they’re placed in full view. I also wonder if Panera limits them to one or even no refills. I know, I know, at some point, people have to be responsible for their own decisions, but it’s harder to make these decisions if you don’t know all of the facts. Panera promotes itself as a “healthier” alternative to other fast food joints and people who eat there regularly accept it as a better alternative. Also, “lemonade” and “energy drink” are not generally synonymous. I still don’t understand why Panera hasn’t just cut their losses and pulled Charged Lemonades from the menu. Why are they so hellbent on keeping these damn drinks?
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