# Family sues Panera Bread over possible death from energy drink-do they have a case?

**URL:** <https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226>\
**Category:** Miscellaneous and Personal Stuff I Must Share\
**Created:** [October 28, 2023, 12:00pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226 "2023-10-28T12:00:54Z")\
**Posts on this page:** 20\
**Page:** 16

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**Author:** ![EinsteinsHund](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/einsteinshund/32/8400_2.png) [@EinsteinsHund](https://boards.straightdope.com/u/EinsteinsHund)\
**Post date:** [December 4, 2023, 10:20pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/302 "2023-12-04T22:20:53Z")

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> [@Treppenwitz](#):
>
> No Idea if you already know this, but there a couple of online German language resources for drug information, Rote Liste and Gelbe Liste. They’ll provide info on drug interactions and the like. If I remember correctly, Rote Liste is aimed at physicians and Gelbe Liste is basically the leaflet that you would get in a pack of medicine.
> 
> Uh, Rote Liste is not the same as Rote Buch. That’s a mistake I once made at work. Very awkward.

Thanks for the information. I vaguely remember the terms “Rote Liste” and “Gelbe Liste”, but never searched for it online. I use to study the leaflets of my medicine carefully, but I rarely see warnings about mixing it up with other medicine or foods. Unfortunately, I’ve been prescribed five different drugs daily (from at least two different doctors) and will now check out these sources for any dangerous interactions that may occur.

ETA: I just went to [https://www.gelbe-liste.de/](https://www.gelbe-liste.de/) and had it whitelisted in my script blocker, so I went there before.

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**Author:** ![Treppenwitz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/treppenwitz/32/3445_2.png) [@Treppenwitz](https://boards.straightdope.com/u/Treppenwitz)\
**Post date:** [December 4, 2023, 10:24pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/303 "2023-12-04T22:24:57Z")

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It goes without saying that if something comes up take it back to a doctor before you change anything, naturally. (And of course, hopefully nothing will come up.)

j

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**Author:** ![EinsteinsHund](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/einsteinshund/32/8400_2.png) [@EinsteinsHund](https://boards.straightdope.com/u/EinsteinsHund)\
**Post date:** [December 4, 2023, 10:25pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/304 "2023-12-04T22:25:54Z")

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Yes, of course, I have never changed my medication on my own without consulting my doctors.

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**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\
**Post date:** [December 5, 2023, 12:32am UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/305 "2023-12-05T00:32:41Z")

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> [@Dinsdale](#):
>
> This product was named “Charged Lemonade”, wasn’t it? What the hell did she THINK it was “charged” with? She didn’t just order a lemonade and got handed this stuff.

If I remember correctly, despite her condition she would still drink coffee on occasion or more often. She supposedly knew that the lemonade had caffeine but assumed that it had less than it did per ounce despite the fact that it had around the same amount as coffee and less than some energy drinks. The family of course has no idea what her state of mind was or how much she actually drank.

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**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\
**Post date:** [December 5, 2023, 1:16am UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/306 "2023-12-05T01:16:03Z")

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> [@Dinsdale](#):
>
> This product was named “Charged Lemonade”, wasn’t it? What the hell did she THINK it was “charged” with? She didn’t just order a lemonade and got handed this stuff.
> 
> It wasn’t “sneaky gratuitous caffeine.” It was explicitly “charged” with something. And if it wasn’t booze (and I don’t think Panera sells booze", caffeine would be my 2d guess

The labeling, which called it a “clean, plant based beverage” kinda suggests it’s charged with vitamins, not caffeine. Or not super duper amounts of caffeine.

And i think it was ambiguous whether it had “about as much caffeine as the coffee” per ounce or per serving.

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**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\
**Post date:** [December 5, 2023, 1:26am UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/307 "2023-12-05T01:26:37Z")

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I’m not suggesting it isn’t a stupid product. All I’m suggesting is that it is misleading to characterize the drinker as “careful and knowledgeable” about her condition if she just made “assumptions” about ingredients based on “ambiguous” labelling.

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**Author:** ![kitap](https://avatars.discourse-cdn.com/v4/letter/k/b9e5f3/32.png) [@kitap](https://boards.straightdope.com/u/kitap)\
**Post date:** [December 5, 2023, 1:34am UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/308 "2023-12-05T01:34:12Z")

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> [@puzzlegal](#):
>
> > [@Dinsdale](#):
> >
> > This product was named “Charged Lemonade”, wasn’t it? What the hell did she THINK it was “charged” with? She didn’t just order a lemonade and got handed this stuff.
> > 
> > It wasn’t “sneaky gratuitous caffeine.” It was explicitly “charged” with something. And if it wasn’t booze (and I don’t think Panera sells booze", caffeine would be my 2d guess
> 
> The labeling, which called it a “clean, plant based beverage” kinda suggests it’s charged with vitamins, not caffeine. Or not super duper amounts of caffeine.
> 
> And i think it was ambiguous whether it had “about as much caffeine as the coffee” per ounce or per serving.

I remember seeing the window clings for it, and I gotta say, vitamins was not my guess. i figured sugar or caffeine because I thought it was trying to be an energy drink.

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**Author:** ![Beckdawrek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beckdawrek/32/3647_2.png) [@Beckdawrek](https://boards.straightdope.com/u/Beckdawrek)\
**Post date:** [December 5, 2023, 1:49am UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/309 "2023-12-05T01:49:16Z")

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She should’ve known better. You can’t say it any plainer.

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**Author:** ![carrps](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carrps/32/2957_2.png) [@carrps](https://boards.straightdope.com/u/carrps)\
**Post date:** [December 5, 2023, 2:53am UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/310 "2023-12-05T02:53:54Z")

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Thanks for the info on vitamin K everybody! Now, I know my doctor wasn’t hiding anything from me. 🫤

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**Author:** ![Eric1](https://avatars.discourse-cdn.com/v4/letter/e/3bc359/32.png) [@Eric1](https://boards.straightdope.com/u/Eric1)\
**Post date:** [December 5, 2023, 7:24pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/311 "2023-12-05T19:24:40Z")

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NBC news wrote this morning that a courtesy clerk with an intellectual disability with high blood pressure died from drinking Charged Lemonade at Panera so his family’s suing Panera too.

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**Author:** ![Projammer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/projammer/32/559_2.png) [@Projammer](https://boards.straightdope.com/u/Projammer)\
**Post date:** [December 5, 2023, 8:00pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/312 "2023-12-05T20:00:24Z")

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> [@Beckdawrek](#):
>
> You’re more likely to get lead poisoning from kale.

From the kale?

Or from stealing it from someone’s garden?

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [December 5, 2023, 8:13pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/313 "2023-12-05T20:13:48Z")

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They put a very dangerous amount of caffeine in lemonade, then offered free unlimited refills if you joined their little club, then offered said club membership to everyone regardless 0f age or physical condition.

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**Author:** ![nelliebly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nelliebly/32/5422_2.png) [@nelliebly](https://boards.straightdope.com/u/nelliebly)\
**Post date:** [December 5, 2023, 8:16pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/314 "2023-12-05T20:16:23Z")

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Are there restaurants that restrict club membership to people who don’t have certain health conditions?

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [December 5, 2023, 8:19pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/315 "2023-12-05T20:19:42Z")

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There are restaurants that offer drink specials available only to adults. In my opinion giving a kid a beer is much less dangerous than giving a kid unlimited refills of a drink with that much caffeine.

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**Author:** ![Mikkel](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mikkel/32/13151_2.png) [@Mikkel](https://boards.straightdope.com/u/Mikkel)\
**Post date:** [December 5, 2023, 8:20pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/316 "2023-12-05T20:20:21Z")

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Depends on the bloodthinners. I’m on Eliquis and have been told that I don’t need to be very careful with vitamin K. The process Eliquis stop is independent of vitamin K. Warfarin though isn’t.

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [December 5, 2023, 8:25pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/317 "2023-12-05T20:25:42Z")

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> [@Czarcasm](#):
>
> then offered said club membership to everyone regardless 0f age or physical condition.

But to NOT do that (assuming an adult) would be discrimination … right?

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**Author:** ![Beckdawrek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beckdawrek/32/3647_2.png) [@Beckdawrek](https://boards.straightdope.com/u/Beckdawrek)\
**Post date:** [December 5, 2023, 8:50pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/318 "2023-12-05T20:50:22Z")

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There’s a dangerous amount of sugar in one 12oz cup of Sweet Tea. For me.  
No one’s stopping or warning me to not have it. But me.

What next? A medical card required to order a drink?

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**Author:** ![Qadgop\_the\_Mercotan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/qadgop_the_mercotan/32/83_2.png) [@Qadgop\_the\_Mercotan](https://boards.straightdope.com/u/Qadgop_the_Mercotan)\
**Post date:** [December 5, 2023, 8:51pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/319 "2023-12-05T20:51:13Z")

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As noted earlier in this thread:

**When to be worried about vitamin K in your diet if you’re on anticoagulants**

If you’re on warfarin, AKA Coumadin or other vitamin K antagonists (acenocoumarol, phenprocoumon, fluindione which are NOT commonly used in the US), **then** you need to be aware of vitamin K in your foods.

If you’re on aspirin, clopidogrel (plavix), apixaban (Eliquis), dabigatran (Pradaxa), edoxaban (Lixiana), or rivaroxaban (Xarelto) then don’t worry about it.

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**Author:** ![Johnny\_Bravo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_bravo/32/493_2.png) [@Johnny\_Bravo](https://boards.straightdope.com/u/Johnny_Bravo)\
**Post date:** [December 5, 2023, 9:11pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/320 "2023-12-05T21:11:39Z")

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Beck, _everything_ is dangerous in certain circumstances. That doesn’t mean we shouldn’t be more careful about some things than others.

The issue here is that Panera produced its own energy drink and **may** have marketed and sold it in a way that was negligent. That’s what this case will be about.

An example of a restaurant that absolutely serves dangerous food is the [Heart Attack Grill](https://en.wikipedia.org/wiki/Heart_Attack_Grill), where you eat their incredibly unhealthy food for free if you weight over 350 pounds.

But the restaurant also makes it **extremely clear** that their food is dangerously unhealthy; it’s part of their gimmick. It’s in their name! It would be pretty difficult to claim that one of their customers was unaware of the risks of eating a “quadruple bypass burger.”

Similarly, this isn’t really about whether the charged lemonade was dangerous in and of itself. It’s about whether Panera was diligent in helping its customers understand that they were ordering an extremely powerful energy drink.

I think you’re over-focusing on this girl’s condition. There’s enough caffeine in these drinks that a _healthy_ person could have had serious issues if they’d come in thirsty enough to drink a couple lemonades at the restaurant and then gotten one to go on the way out.

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**Author:** ![Beckdawrek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beckdawrek/32/3647_2.png) [@Beckdawrek](https://boards.straightdope.com/u/Beckdawrek)\
**Post date:** [December 5, 2023, 9:34pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/321 "2023-12-05T21:34:55Z")

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I never have been in a Panera. I’ve not seen the signs except online. It seems it was clear it was an _Energy_ drink.  
The girl should have known better.

The other person, who was intellectually challenged, not so much.

Or someone with an unknown condition couldn’t or wouldn’t have known.

Is this Paneras fault? Because they offer such a drink?  
There are many things that are dangerous in this world. We can’t blame everyone for offering them.  
Do people sue Jack Daniels or Anheuser Busch for putting alcohol in their bottles and cans? Many 1000s are killed by those products.

I got a bad batch of Insulin once. Should I bring a lawsuit?  
I’ve eaten a banana or two that had more sugar than I expected. Who do I sue for that? They were grown in Mexico. I guess I could try that.

I just think a person has to be their own best advocate and do the most they can to prevent problems _they_ may have. Avoiding what they can. It’s really all you can do to protect yourself.  
I’m personally gonna trust me, first. Not some giant corporations.

ETA - furthermore, I would not advise my family to sue if I had died from the bad insulin or over sweet banana. My lifespan is limited anyway. That would be silly.

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