PANERA Bread has made a major change to its menu following a host of class action lawsuits.
In December, the restaurant chain quietly launched a new menu on the same week that a second wrongful death lawsuit was filed against the company.
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The new menu now warns customers that the restaurant’s Charged Lemonades are not for everyone.
“Contains caffeine. Use in moderation. NOT RECOMMENDED FOR children, people sensitive to caffeine, pregnant or nursing women,” the product description reads.
In late August, before any lawsuits were filed against Panera Bread, the menu stated that the drink was “Plant-based and Clean with as much caffeine as our Dark Roast Coffee,” according to internet archives.
The company has faced a string of lawsuits within the last few years ranging from increased delivery prices to its controversial lemonade.
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WRONGFUL DEATH LAWSUITS
Panera Bread made headlines after the parents of Sarah Katz claimed she died after drinking the restaurant’s Charged Lemonade.
In 2022, Katz was said to have experienced cardiac arrest while at a restaurant with friends and died after being transported to the hospital, according to the lawsuit.
Katz’s cause of death was listed as cardiac arrhythmia due to long QT syndrome (LQTS), according to an autopsy report obtained by CNN.
LQTS can cause fast and irregular heartbeats that can be life-threatening, according to Mayo Clinic.
Katz had dealt with the disease since she was 5 years old, and was said to have managed it by taking medications and limiting her caffeine intake, the lawsuit said.
The suit went on to say that Katz was “reasonably confident [the Charged Lemonade] was a traditional lemonade and/or electrolyte sports drink containing a reasonable amount of caffeine safe for her to drink.”
Elizabeth Crawford, who is representing Katz’s parents in the wrongful death lawsuit, said that Katz drank from a large size cup.
The 21-year-old was a member of the Panera Sip Club that gave subscribers free in-store refills, so no one is fully aware of how much she drank, according to Crawford.
The lawsuit continues by claiming that the restaurant did not properly label the beverage as an energy drink in stores.
“Instead, Defendants market, advertise, and sell Panera Charged Lemonade as a product that is ‘Plant-based and Clean with as much caffeine as our Dark Roast Coffee,’” the suit reads.
Panera did “not specify what size of Panera Dark Roast coffee is akin to a Panera Charged Lemonade,” the lawsuit said, making the comparison vague and “unhelpful.”
After the lawsuit was filed, a spokesperson for Panera spoke out about the tragedy.
“We were very saddened to learn this morning about the tragic passing of Sarah Katz, and our hearts go out to her family,” Panera said.
“At Panera, we strongly believe in transparency around our ingredients. We will work quickly to thoroughly investigate this matter.”
In December of last year, the family of Dennis Brown sued the company in another wrongful death lawsuit, claiming that the product was not properly labeled.
At the time of his death, the 46-year-old man had chromosomal deficiency disorder, ADHD, and high blood pressure.
On October 9, Brown was said to have ordered a Charged Lemonade and would get two refills within an hour and a half of each other, according to the lawsuit.
On his walk home, he suffered a cardiac arrest and was pronounced dead at the scene.
In a statement on the second lawsuit, Panera said it “expresses our deep sympathy for Mr. Brown’s family,” adding that “based on our investigation, we believe his unfortunate passing was not caused by one of the company’s products.”
Panera added that “we view this lawsuit, which was filed by the same law firm as a previous claim, to be equally without merit. Panera stands firmly by the safety of our products.”
THIRD LAWSUIT
Another lawsuit stemming from Panera Bread’s Charged Lemonade came from Lauren Skerritt, 28, who claimed the drink left her with long-term heart problems.
Skerritt was described as “an athlete and worked out regularly” before drinking two-and-a-half Charged Lemonades at a Panera on April 8, 2023, according to the lawsuit obtained by CBS News.
After consuming the lemonade, Skerritt allegedly experienced heart palpitations and dizziness, the lawsuit claimed.
The following day, she went to the emergency room, where she was treated for atrial fibrillation. This ailment is caused by an irregular heartbeat that could lead to stroke and heart complications, the lawsuit said.
The former occupational therapist and vegetarian claimed that she only got the drink because it was advertised as “plant-based” and “clean,” according to the complaint.
Since her diagnosis, Skerritt now has to take prescribed medication regularly, and often suffers from moments of rapid heartbeat, shortness of breath, brain fog, body shakes, and weakness, the suit alleges.
Skerritt said that she can’t exercise, socialize, or work like she used to and had to put her plans of having a baby on hold.
DELIVERY ISSUES
In a separate legal issue, Panera Bread will pay $2 million to settle a class action lawsuit that claimed that the chain misled customers about its fees and prices when placing delivery orders.
Customers complained that menu items were much more expensive when ordered through the delivery app.
The settlement covers delivery orders placed with Panera Bread on its app and website, but not for pickup.
Panera agreed to the settlement without admitting wrongdoing.
Customers who placed an order using the Panera app or on the company’s website between October 1, 2020, and August 31, 2021, can file a claim to receive a food voucher or a $12 cash payment.
According to the settlement agreement, payments and vouchers will be sent within 60 days after the court certifies the settlement, which is scheduled to occur at a May 31 hearing.
The U.S. Sun has reached out to Panera for comment.
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