- Can lemonade kill you? Is Panera selling deadly poison? Well, one lawsuit alleges that's the case. The parents of a student who died after drinking Panera
Bread's Charged Lemonade have sued the company for wrongful death. According to the lawsuit, Sarah
Katz died of cardiac arrest after drinking a 30-ounce
cup of the lemonade, which contains more caffeine
than a can of Red Bull and Monster Energy Drinks combined, plus 30 teaspoons of sugar. Panera allegedly did not
advertise the lemonade as an energy drink in its stores. - [Voiceover] This is a
Charged Lemonade from Panera and it's a force of nature, a delicious boost of plant-based caffeine from guarana and green coffee extract. Enjoy these and more when you join Panera's Unlimited Sip Club. - Sarah Katz wasn't the only customer taken by surprise at the
ingredients in the drinks. It's taken Tiktok by storm. Tiktokers have been posting
about Charged Lemonade for over two years. In December, Sarah Baus
shared a Tiktok video caption, "This drink should come with a warning "because it's delicious and
will lead to my cardiac arrest." - This, the regular size, the regular size has 82 grams of sugar, milligrams
of sugar, grams of sugar. It has 260 milligrams of caffeine. An espresso, I looked it up,
has 63 milligrams of caffeine. And I feel like the "Hulk." - Baus only discovered what
was in the beverage later on when she was going to order
the drink for her husband who has type 1 diabetes. The nutritional facts were
available on Panera's website. Her video went viral, prompting
Twitter user @finegodmother to share the video on Twitter
where it was captioned, "Somebody at Panera Bread
gonna end up getting sued." Another Tiktoker loved the drink and said that she was
drinking one every two hours. But like Baus, she
didn't realize the drink had so much caffeine until later. - I just found out that it literally has almost
400 milligrams of caffeine. So please, drink at your own risk. If you have any restrictions
to caffeine, please be careful. - And as you can see, the
first comments on the post, which were made in 2022, also note the extremely
high caffeine content. "This drink gave me
pre-workout level jitters." "I wish they didn't have caffeine "because nobody needs 400 milligrams. "It's just too much." Now, I don't have a heart condition, so I had to try this stuff for myself. This is the strawberry
lime and it's, yeah, I mean, it kind of tastes like lemonade. It definitely doesn't taste like something that contains a boatload of caffeine. And if I hadn't seen
the warnings beforehand, I probably would not assume
that this is a highly, highly caffeinated drink. And oddly, it doesn't
taste particularly sweet. I definitely would not have assumed that this contains way more sugar than the equivalent size
of regular Coca-Cola. Yeah, honestly, I'm getting
more of the sour from the lemon or the lime than I am from
the sweetness of the sugar or whatever caffeine tastes like. And on top of that, it really doesn't taste
like an energy drink. It tastes kind of like
a flavored lemonade. So what happened in this
wrongful death case? Well, Sarah Katz was a 21-year-old University of Pennsylvania
student who passed away in September, 2022 after
consuming a large cup of Charged Lemonade from Panera Bread. Sarah went into cardiac arrest after drinking the lemonade at a Philadelphia Panera Bread location. And despite being taken
into a nearby hospital, she suffered a second cardiac
arrest and did not survive. She had recently purchased an
Unlimited Sip Club Membership from Panera, allowing
for free drink refills and had consumed at least
one Charged Lemonade in the days leading up to her death. Sarah was diagnosed with long Qt syndrome at the age of five, a heart condition that led to abnormal heart rhythms during stress or exercise. She managed this condition
through medication, regular medical checkups, and by limiting her caffeine intake. It's alleged that Sarah was up to date on the latest research
about her condition. She was a research assistant
at a children's hospital and frequently participated
in research studies to maintain her and others
conditions without incident. The medical examiner listed her death as cardiac arrhythmia resulting
from long qt syndrome. The medical examiner did not mention the caffeinated lemonade
as a contributing factor. The report concludes that
she had no other drugs in her system except for
what the hospital used to revive her. And after her death, Sarah's parents filed a
wrongful death lawsuit alleging that the Panera Charged Lemonade is a dangerous energy drink. Now, since the lawsuit was filed, Panera has dropped the amount of caffeine in their Charged Lemonade drinks. A large, which previously
contained 390 milligrams of caffeine now clocks in
at a mere 230 milligrams of caffeine, which is a 40% reduction. So according to the complaint, this means that a 30 ounce cup
of Panera's Charged Lemonade, "Exceeds the combined
content of 12 fluid ounces "of Red Bull, 114 milligrams of caffeine, "and 16 fluid ounces of
Monster Energy Drink, "160 milligrams of caffeine." And the complaint goes on to allege that, "The sugar content of
Panera's Charged Lemonade "ranges from 82 grams
to 124 grams of sugar, "exceeding the combined contents "of both a 12 fluid ounce
Red Bull, 27 grams of sugar, "and 16 fluid ounce Monster Energy Drink, "54 grams of sugar." The drink contains other known stimulants, such as guarana extract, which increase the stimulative effect of the beverage even more. And because these ingredients,
the Katz family contends that the drink is not lemonade at all, it's actually an energy
drink with lemon flavor. And despite these ingredients, the lawsuit alleges that
Panera does not market the Charged Lemonade as an energy drink. "Panera Charged Lemonade
is a juice beverage "marketed to children and adults
alike, and it was displayed "and offered in Panera stores
in the same or similar manner "and location in which they offer "other non-caffeinated juice beverages." And you can tell to this day that Panera continues to market their
Charged Lemonade online. It's apparently still
their flagship beverage. If you look at the drink
section on their website, it's the first thing that they show before Coke and other sodas. And you have to scroll even
farther down to find tea and lemonade drinks that won't
give you heart palpitations. Now, the Food and Drug
Administration, or the FDA, says that you shouldn't consume
more than 400 milligrams of caffeine per day. And that's just about one large
serving of Charged Lemonade. The beverage was available
as part of Panera's Sip Club, meaning consumers could
get unlimited refills. And according to the complaint, Panera Charged Lemonade is
advertised as plant-based and clean with as much caffeine as our dark roast coffee in small print and suggests, "Sip, enjoy,
repeat, Unlimited Sip Club." But it also seems like one 30 ounce cup of Charged Lemonade contains
about as much caffeine as three to four cups of regular coffee. This picture shows the
lemonade next to the coffee and juice drinks, but
it had way more caffeine than either of those drinks. It's alleged that Sarah was cautious about her caffeine consumption
due to her heart condition and had been advised by her doctor to avoid highly caffeinated
beverages and energy drinks. Sarah's roommate, Victoria
Conroy, told NBC News that Sarah was, "Very, very vigilant "about what she needed to
do to keep herself safe. "I guarantee if Sarah had known
how much caffeine this was, "she never would've touched
it with a 10 foot pole." The Katz family believes
that Sarah thought the drink was more akin to a
sports electrolyte drink or a regular lemonade with a relatively safe caffeine content. The lawsuit alleges that Sarah
would not have consumed it if she had known the
true caffeine content. Sarah consumed electrolyte
drinks, like Gatorade, and the lawsuit suggests that Panera marketed Charged Lemonade
as an electrolyte drink. And the lawsuit alleges a
similarity in iconography between the Gatorade logo and the fact that they called
this a Charged Lemonade. And the complaint
includes several pictures showing how the Charged
Lemonade was advertised. It was, "Offered side by side "with all Panera's non-caffeinated "and/or less caffeinated drinks. "It was not advertised
as an energy drink." And at the time, the Panera bread menu did not include a warning of any risks of ingesting these concentrated
amounts of caffeine in connection with the
stimulants and sugar. And now, the Panera website
advertises the Charged Lemonade as the ultimate energy drink. "The new Panera Charged Lemonades "are the ultimate energy drink "guaranteed to charge up your
day powered by clean caffeine "from guarana and green coffee extract. "These caffeinated lemonades
feature refreshing mango, "cranberry or strawberry mint flavors. "These drinks are cold, caffeinated, "and so ready for summer. "Plant-based and clean
with as much caffeine "as our dark roast coffee." Of course, this is all
what Panera says online. The caffeinated nature of the drink might not have been advertised in that way in store at the time of Sarah's death. Now, if you ever suffered
any food-related damages, you'll need a great lawyer and my firm, the Eagle Team can help. If you've had an injury
or death in the family, suffered a data breach, or
were involved in a car crash, we can represent you or help find you the
right attorney who can. Just click on the link in the description for a free consultation with my team. 'Cause you don't just need the legal team, you need the Eagle Team. The link is down below. So based on these factual allegations, the complaint alleges several
different legal theories. Product liability law recognizes
several different theories that could lead to recovery. Generally, these theories
are not mutually exclusive, which is why the family has sued Panera for defective design,
defective manufacturing, and failure to warn. Count one is for strict liability. A strict liability tort is a
type of personal injury case in which someone is held liable regardless of whether they
were negligent or not, usually for a defect in a product. A defendant is liable when a plaintiff proves that the product is defective regardless of the defendant's intent. And it's irrelevant
whether the manufacturer or the supplier exercised great care. If there is a defect in the
product that causes harm, the defendant will be liable. And then there's the
defect in design claim. The Katz family claims
that Panera had a duty in strict liability to
design and manufacture drinks for consumption without
a defective condition and to warn about the dangers
inherent in the drink. They allege that the company knew or should have known
of the foreseeable risk of cardiac-related injuries
inherent in the design and manufacturing of
Panera Charged Lemonade. A design defect exists when a
product is built in accordance with its intended specifications, but the design itself
is inherently defective or poses unreasonable
dangers to consumers. And the complaint outlines 24 ways the product was defective, such as the website
allegedly misrepresenting the beverage's caffeine content as, "As much caffeine as
their dark roast coffee," when a large Panera dark roast coffee contains only 268 milligrams of caffeine and a large Panera Charged
Lemonade has 390 milligrams of caffeine, and the complaint
alleges that Panera failed to warn consumers about
the potential risks that may occur when the drink is consumed. In strict liability law,
inadequate or non-existent warnings are considered a type of product defect. However, manufacturers
only have an obligation to warn consumers of risks that
are not considered obvious. For example, a manufacturer of scissors would probably not have to warn consumers that the scissors are sharp because that's the explicit
purpose of the product. However, if the manufacturer of a painkiller knew it
could cause cardiac arrest, it would would've a
duty to warn the public, since cardiovascular events
are not an obvious result of the use of that kind of medication. So for example, when Merck
introduced the painkiller Vioxx, it withheld information
about the serious risk of heart attack and stroke from doctors and patients for over five years. And up to 140,000 serious
cases of heart disease were linked to Vioxx and
the company withdrew Vioxx from the market. So here, the complaint alleges that Panera did not provide
adequate information to the public because it,
"Misrepresented the beverage "as a fruit juice and/or
non-caffeinated beverage. "And the marketing did not
indicate it was an energy "and/or highly caffeinated drink." The company, "Did not
explain its potential "to cause cardiac related
injuries, especially in children, "pregnant and breastfeeding women "and caffeine-sensitive individuals." Panera also, "Marketed the
Panera Charged Lemonade "as safe and plant-based,
but did not advertise "or otherwise disclose
the amount of caffeine "in their Panera Charged Lemonade." Now, we can't go back in
time to see what the signage and warnings looked like in 2022, but here's what it looks
like in the present day. Panera has a clear warning on the tablet when you order this particular lemonade, and it's no longer out in the open for anyone to pour themselves and especially, to get free refills. You have to ask at the counter. Now, other companies have been sued for misrepresenting their
ingredients in their beverages. The company behind Four Loko, a caffeinated alcohol beverage, settled wrongful death lawsuit in 2014. Four Loko was sold in an
unusually large package size and had high levels of
both alcohol and caffeine. The company appeared to
be marketing the drink to college students who were
interested in binge drinking, and one of the drink slogans
was, "Blackout in a can." The parents of a
23-year-old college student sued after their son drank
two cans of Four Loko and then ended up in a confrontation with police in which the
police shot and killed him. A judge ruled that the
defendant was not immune from liability and Four
Loko agreed to pay $400,000. The Federal Trade Commission
also investigated Four Loko, ordering the company to make changes to its labeling and marketing. The FTC had alleged that
the ads for Four Loko falsely claimed that a 23.5 ounce can contained the equivalent
of one or two cans of beer. In reality, each can contained
more like four or five beers. The Katz family complaint
alleges the drink was similarly defective in its marketing, manufacturing, and labeling. Panera Bread, "Knew there was
a high degree of probability "of harm to decedents and acted
with reckless indifference "to the potential and
foreseeable consequences "of the defendant's defective product." And based on the same factual allegations, the complaint also alleges
counts for negligence, misrepresentation, and
breach of express warranty. To date, Panera has yet
to file a formal response to the lawsuit. The company issued a statement, "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've enhanced our
existing caffeine disclosure "for these beverages at our
bakery-cafes, on our website "and on the Panera app." Panera has also posted new
disclosures about the drink, "Naturally flavored, plant-based "with about as much caffeine
as our dark roast coffee. "Use in moderation, not
recommended for children, "people sensitive to caffeine,
pregnant or nursing women. "Please note, this beverage
is self-serve upon pickup." And the U.S. Food and Drug Administration has announced it is investigating the case and some Panera locations
have moved the drink behind the counter. Now, when a person files a lawsuit alleging that they were injured because of someone else's
negligence or recklessness, the victim has to prove
that the other party owed them a duty, that he
or she has breached the duty and that the breach of
duty caused the injury and that the victim suffered damages. Now, the Katz family alleges
that Panera breached its duty and Sarah died because she
had a rare heart condition. But as far as we know, no
one else has been injured or died from drinking Charged Lemonade. So for the purposes of liability, does it matter that
Sarah suffered injuries because of an underlying condition that the average person doesn't have? Well, generally, a
defendant is responsible for all of the injuries
caused by their actions regardless of the unforeseeable
or uncommon nature of the plaintiff's
reactions to those actions. This, as every first-year
law student knows, is known as the eggshell plaintiff rule, and it encompasses two main
types of unusual plaintiffs, the eggshell plaintiff and the plaintiff with
pre-existing conditions. Now, some people might be able
to withstand minor injuries without significant harm and others might be more susceptible due to unique conditions. Let's say, there's a car accident where one car rear ends another car and the two people in the
back seat are injured. Person 1 comes out of
it with minor scrapes, whereas person 2 sustains a skull fracture because of a unique condition
where they have brittle bones. And this is where the
eggshell part of this, the legal idea comes from. Now, the eggshell plaintiff rule dictates that if the plaintiff
with the fragile skull sustains an injury due to
another person's negligence, the responsible party becomes liable for all of the resulting damages. And although the defendant is obligated to accept the plaintiff as they are and pay for all damages
caused by the breach, the defendant is not required
to exhibit a higher duty of care specifically tailored
to that eggshell plaintiff. So in this case, it probably
means that Panera Bread isn't required to assume that every person has long QT syndrome. If the company had to assume
a higher duty of care, then they probably wouldn't
even sell drinks at all, let alone a drink with that much caffeine. But that's not the rule. Panera's liability in negligence
is contingent on a breach of the ordinary standard of care, irrespective of the plaintiff's
particular vulnerabilities. Now, you're probably wondering
what is long Qt syndrome? Well, for that I turn to the
Internet's doctor, Dr. Mike. So Dr. Mike, what is long QT syndrome? - To understand long QT syndrome, Devin, we need to start first by
talking about what the heart is. And the heart is a muscle, but it's different than the
muscle that moves your bones. That's called skeletal muscle. Cardiac muscle has
little ion channels in it that allow the flow of ions, like calcium, potassium, sodium, et cetera. Now, those who have long QT syndrome actually have disruptions
in those ion channels where they don't exist or
they don't work properly, specifically in the lower portion of the heart known as the ventricles. Now, when this happens,
that can cause the heart to go into a dangerous rhythm or maybe even lead the
heart to stop completely. This doesn't happen to everyone
who has long QT syndrome, but it is a major risk. In fact, one out of 10 people find out they have long QT syndrome after they have a cardiac
arrest and their heart stops or they suddenly die. So it can be a very devastating condition and it also matters whether
or not you were born with long QT syndrome
or you've developed it due to a number of diseases
or possibly even medications that you might be on. - And how does caffeine affect someone who has long QT syndrome? - Well, when we think about caffeine, we know that caffeine
increases cardiac output. It actually puts a little
bit of strain on the heart. And for someone who's healthy
and has no cardiac problems and is taking a moderate or normal amount of caffeine,
that shouldn't be a problem. Now, if someone has long QT syndrome, that does put them at a higher risk for developing problems with caffeine. This is why the American
Heart Association, among other organizations,
will go out of their way and urge caution,
especially to young folks with long QT syndrome about
consuming caffeine at all. It is considered a risk factor. Remember, caffeine doesn't only
put a strain on your heart. It could also put a strain on your kidneys and blood pressure, so
that your heart has to pump against a higher pressure. - Could 390 milligrams
of caffeine cause someone with long QT syndrome to
have a cardiac arrest? - Could it? Yes. A lot of things could cause cardiac arrest in a person with long QT syndrome. Now, usually, and as in most cases, things are multifactorial, meaning that multiple things
happen at the same time in order for an event like
a cardiac arrest to occur. That being said, consuming
a high amount of caffeine, almost 400 milligrams of
caffeine is at the top end of what's recommended daily for an adult. But now, if you have long Qt syndrome, your heart might be more sensitive. So is there a world where this medication caused that person to go over the edge and then develop cardiac arrest? It's absolutely possible. If you're having more than one, where you're getting into a place where you're having over
400 milligrams of caffeine, that can put a regular person in trouble, developing palpitations and all sorts of cardiac abnormalities. - And there are reports
that people often had four or more drinks in one sitting, potentially more than 1500
milligrams of caffeine. Is that bad for someone with
or without long QT syndrome? - Yes, I mean, that's
bad for a regular person, long QT person, even worse, obviously. But this is the era that
we currently live in. And while it's bad for
your cardiac system, your kidney system, it's also
problematic for our sleep. And that's where most people forget about and that's the part
most people forget about when they think about
the risk of caffeine. Caffeine takes hours to break down. The half-life of caffeine
is actually six hours, half-life, meaning the
amount of time it takes to go from 10 milligrams of
caffeine to five is six hours. So if you're trying to get to the gym and you take a pre-workout
with 1,000 milligrams of caffeine at seven, eight p.m., that's still gonna be in your body. For those people that
swear they can fall asleep no matter how much caffeine
they drink, I believe you, but your sleep will not be as restorative. What happens is you don't
go through the proper stages of sleep when you have that much caffeine still in your system. In fact, one of the reasons patients describe daytime grogginess is because of poor sleep hygiene, usually coming as a
result of caffeine intake after five p.m. - Thanks Dr. Mike. Definitely check out Dr. Mike's channel and check out the
collaboration we just did where we both reviewed the
first episode of "Law & Order" that involves medical malpractice. We had a really good time filming that. - All right, Devin, thank you so much. As always, stay happy and healthy. - Now, if you'd like a
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