![]() In 2010, the FDA issued warnings to four drink manufacturers that were adding caffeine to their alcoholic beverages, leading the companies to suspend production of the beverages. “People with an allergy or severe sensitivity to peanuts or eggs run the risk of serious or life-threatening allergic reaction if they consume these products,” the company said in the recall notice, adding that “one death has been reported that may be associated with the mislabeled product.”įederal regulatory bodies have previously stepped in to sound the alarm on caffeine content in consumer products. On Thursday, grocery chain Stew Leonard’s recalled Vanilla and Chocolate Florentine Cookies that were sold at two Connecticut locations between early November and late December over “undeclared peanuts and eggs.” Unclear or mislabeled foods are known public hazards. In December, following the second lawsuit, the company said that its investigation had revealed that the man’s death “was not caused by one of the company’s products… Panera stands firmly by the safety of our products.” “This marketing is especially dangerous to a vulnerable population, children and adults who would reasonably believe this product was lemonade and safe for consumption,” according to the complaint, which added that the beverage is also dangerous because it is mixed on the premises by employees, so its caffeine content is not strictly controlled.Īfter the first lawsuit was filed in October, Panera told CNN that it was investigating the matter. “The primary reason she ordered this drink was because it was advertised as ‘plant-based’ and ‘clean,’” the complaint states. Similarly, the second lawsuit, filed in December by the family of a 46-year-old man with a chromosomal deficiency disorder, ADHD and high blood pressure, claimed that the product was not properly labeled.Ī third lawsuit filed in mid-January alleged that, since consuming two and a half Charged Lemonades over the course of one day last April, a woman with no underlying health conditions now experiences instances of irregularly fast heart palpitations and takes regular medication to regulate her heartbeat. The first lawsuit, which was filed in October by the family of a 21-year-old college student with a heart condition, alleged she unknowingly drank the Charged Lemonade because she was “reasonably confident it was a traditional lemonade and/or electrolyte sports drink containing a reasonable amount of caffeine safe for her to drink.” The lawsuit stated that Panera misled consumers by not properly labeling the lemonade as an energy drink in stores. The US Food and Drug Administration says that a safe quantity of caffeine “for healthy adults” typically amounts to about 400 milligrams per day (around four or five cups of coffee). “History has shown over and over again that the drip-drip-drip of negative publicity will cost a company far more than any lawsuit,” he added.īoth wrongful death suits allege the Charged Lemonade does not clearly advertise its high levels of caffeine, and does not provide a warning to customers.Ī large-size Charged Lemonade, which comes in a 30-oz cup, contains up to 236 mg of caffeine. But, according to Haggerty: “It’s a cost-benefit analysis … the loss of reputational value will often outweigh anything that occurs in the courtroom. “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.Ĭompletely removing the drink from the menu could come across as an implied admission that something was indeed wrong with it in the first place. So why does the chain continue to offer the drink on its menu? Restaurant chain Panera Bread has faced three separate lawsuits in recent months claiming the high levels of caffeine in its Charged Lemonade led to the death of two customers and irreversible health complications in another. ![]()
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