In two weeks, Panera will be eliminating their Charged Lemonades from the menu after the beverages sparked a lawsuit related to wrongful death allegations. However, the recent lawsuit is not the only one faced by Panera. In the current months the restaurant has already experience three different lawsuits regarding their lineup of controversial drinks. The lawsuits claim that the high levels of caffeine in the product caused the deaths of two customers and imposed irreversible health complications on another individual.
Furthermore, the Charged Lemonades where first introduced to the market in April 2022. This drinks were introduced alongside Panera’s “beverage subscription program.” This subscription plan of $10.99 a month allowed customers to obtain as many soft drinks and coffees as they wanted each day. However, the plan has since then gone up to $14.99 a month.
Moreover, the reason behind the restaurant not taking immediate action to remove the drinks from their menu after the controversies and lawsuits it was receiving. Was due to the restaurant not wanting to possibly confirm the customers allegations. Since immediately removing the drink from their menu could have been taken as a confirmation from Panera indicating that the drinks where in fact dangerous. Crisis PR expert James Haggerty told CNN:
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.
Also, noting that if Panera had remove their drinks immediately and all the claims against the drinks where false, that action could have had harmful effects on the companies market value. Leading to the loss of hundreds of millions of dollars.
Wrongful Death Lawsuits
One of the wrongful death lawsuits towards the company involved 21-year-old University of Penn student Sarah Katz. She sadly passed away due to a cardiac arrest, which occur after drinking the Charged Lemonade. Katz death pushed Panera to enhance their existing caffeine disclosure for the beverages in order to be more cautious. The caffeine disclosure was emphasize at there bakery, website and Panera app.
The second wrongful death lawsuit towards the company involved 46-year-old Dennis Brown, who navigated through a chromosomal disorder and avoided energy drinks because of his high blood pressure, according to his family. Unfortunately, due to his lack of knowledge regarding the amount of caffeine within this drink. Brown continue to drink the lemonade for a period of six days before he passed away because he believed the drink did not contained high levels of caffeine.
The third lawsuit was filed on January and it was made by Lauren Skerritt, who claimed she suffered “permanent cardiac injuries” as a result of drinking Panera’s Charged Lemonade. However, the company made no comment and did not respond to this lawsuit.
As a result of the lawsuits Panera did request an investigation and offer their deepest condolence to the family of Mr. Brown. However, the company strongly believe both deaths were not caused by the Charged Lemonades and stood beside the quality and safety of their products. Meaning that at the time the legal actions where filed. The Charged Lemonades where still available for other customers to request.
Replacement Drink
Additionally, despite all the hate and attacks the restaurant has been receiving because of their dangerous beverages. The company has announced and confirmed their new release of drinks and flavors. This new line of drinks and flavors will include low-sugar and low-caffeine alternatives, such as a new blueberry lavender lemonade, pomegranate hibiscus tea, citrus punch, and tropical green smoothie, will all be available.
New Menu Now Available
In addition, apart from their new drink options. Last month, Panera also renovated and improve a large portion of their menu choices. The restaurants menu transformation focused its selections on sandwiches, soups, salads and macaroni and cheese. Also, part of the transformation process include discontinuing their flatbreads, chili and a vast majority of their sweet treat options. A Panera’s spoke person said:
We are excited to continue the success of our recent menu transformation, which began with our core options of sandwiches and salads.
The aim behind Panera’s new menu transformation was to content their clients. The company mentioned listening to more than 30,000 guest “about what they wanted from Panera,” according to CNN. In order to create a menu that increase customer satisfaction. Also, another of their goals with the incorporation of their new menu was focused on expanding their beverages on drinks they know the guest desire.
Furthermore, the new update with their menu is due to the fact that Panera is planning on going public once again later this year. Since, November 2023, unfortunately, Panera had to let go of 300 employees which is about 18% of their staff. Due to the impact this event had on the company, it was also reported that Panera was being less strict with their ingredients and their standards in an effort to save money, more specifically $20 million annually.
Should “Panera” be Worried
All of Panera’s actions have in fact being questionable. From not reporting and discontinuing their drinks immediately after receiving claims that the Charged Lemonades where harming customers. To cutting corners on product quality in an effort to save money. All of their unfortunate decisions caused customers to no longer trust Panera as much as they once did. It will be difficult to regain the restaurant’s loss reputation. Overall, despite Panera’s best efforts to raise consumer standards and enhance their menu. The future of the restaurant is uncertain.
Written by Nohemi Sanchez
Sources
CNN: Panera is dropping Charged Lemonade, the subject of multiple wrongful death lawsuits
ABC NEWS: Panera drops controversial Charged Lemonade from drink menu
ABC 7: Panera is dropping Charged Lemonade, the subject of multiple wrongful death lawsuits
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