# Family sues Panera Bread over possible death from energy drink-do they have a case? **URL:** \ **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:** 7
**Author:** ![TruCelt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/trucelt/32/523_2.png) [@TruCelt](https://boards.straightdope.com/u/TruCelt)\ **Post date:** [October 31, 2023, 5:18pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/121 "2023-10-31T17:18:31Z")
> [@Yllaria](#): > > This sort of “they shouldn’t be suing” action will get information on the risks of caffeine both to corporations and to consumers, some of whom may also be at medical risk from too large a dose. An excellent point. The corporations want us focused on whether or not the parents are just greedy SOBs. But they may have better motivations. ---
**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:** [October 31, 2023, 5:23pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/122 "2023-10-31T17:23:56Z")
> [@Dinsdale](#): > > the dead idiot I was just thinking that this thread was badly in need of some class, and I appreciate you for providing it here. ---
**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:** [October 31, 2023, 5:36pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/123 "2023-10-31T17:36:07Z")
Wow. That was a terrible thing to say about a deceased person. However she died. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [October 31, 2023, 6:30pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/124 "2023-10-31T18:30:35Z")
> [@glowacks](#): > > So it might be expected that this person when confronted the wording that it contained as much caffeine as the coffee, that it meant on a per serving basis, not a per volume basis. I think that’s a reasonable interpretation that most people would have. She probably was used to having one “serving” of caffeine, which her doctor presumably said was fine. That’s not a bad argument but the tea is served in different sized cups. so it isn’t going to work well. Especially since the information is displayed where a person concerned with caffeine can see and evaluate. ---
**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:** [October 31, 2023, 6:31pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/125 "2023-10-31T18:31:24Z")
> [@TruCelt](#): > > An excellent point. The corporations want us focused on whether or not the parents are just greedy SOBs. But they may have better motivations. I read a few articles and I don’t see anything about the parents asking for a specific amount of money nor do I see anything about Panera or anyone else claiming that they are being greedy. If they are just wanting the company to make information about the product more clear, as they have recently done, I fully support that. The facts are that she had become a member of their free refill club shortly prior to her death. No one has any idea how much she actually drank. It could have been just a small cup or three large cups. Exactly one large cup is 390 mg of caffeine which is about 1.5 cups of coffee. USDA recommended maximum is 400 mg and clearly lots of people drink more than that on a daily basis. Lethal dose for a healthy person is 10,000 mg. Until now, there has never been a reported problem of any kind with this lemonade. ---
**Author:** ![ParallelLines](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/parallellines/32/3575_2.png) [@ParallelLines](https://boards.straightdope.com/u/ParallelLines)\ **Post date:** [October 31, 2023, 6:49pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/126 "2023-10-31T18:49:21Z")
I want to side-step the discussion about whether the caffeine was excessive and exactly how big or explicit the signage was or should have been and go back to talking about some specifics of the case. Ideally, is there any evidence that the deceased was confused about the actual caffeine content, or that there was any in the drink at all? The original reporting indicated she was there with friends - who may or may not have known of her vulnerability, but could possibly establish how much she drank (such as refills) or if she mentioned (as an example only) saying she was “just having one” to mitigate the risk. Presumably most if not all of them would be adults (in the same age group) and therefore able to speak to family or the press about the circumstances at the time. But other than mentioning the presence, I haven’t seen/heard any statements from them. I find it interesting that there are none published, as we all know that the shock journalism sells clicks. But I think the SDMB is a bit better. I’m not saying Panera is innocent, and I’m glad they’re putting better, clearer information in place. Nor do I want the deceased to be blamed in what could easily have been a simple misunderstanding. I just want more facts, more testimony, and less speculation. As such, I endorse the case, because it may well provide the above, including my desire for witness testimony. But I don’t think I’ll prejudge the feasibility of said case until I do know more. And I don’t see any point in the posters tearing into each other over who is a Heartless Corporation / Greedy Ambulance chaser until we all have those facts. ☮ ---
**Author:** ![TruCelt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/trucelt/32/523_2.png) [@TruCelt](https://boards.straightdope.com/u/TruCelt)\ **Post date:** [October 31, 2023, 7:10pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/127 "2023-10-31T19:10:22Z")
> [@Saint\_Cad](#): > > How do we enforce responsible behavior on individuals? Well, this young lady got the death penalty. I’m not sure what else you can suggest. ---
**Author:** ![TruCelt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/trucelt/32/523_2.png) [@TruCelt](https://boards.straightdope.com/u/TruCelt)\ **Post date:** [October 31, 2023, 7:12pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/128 "2023-10-31T19:12:44Z")
> [@Dinsdale](#): > > Meanwhile, the dead idiot coulda asked, “Does this contain caffeine?” And chosen a glass of water. Nothing at all wrong with saying " . . . the dead _woman_ could have asked . . ." but insulting a person who paid the ultimate price for a clearly minor mistake is a bit much. Don’t you think? ---
**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:** [October 31, 2023, 7:23pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/129 "2023-10-31T19:23:54Z")
The Tide Pod debacle should remind us all young people do dumb things. ---
**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:** [November 1, 2023, 12:56am UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/130 "2023-11-01T00:56:24Z")
> [@BigT](#): > > That does not sound like an organization who thinks that they were already sufficiently clear in their labeling. Just like this warning wasn’t necessary until it was. [[Album] Not necessary until it was ![](https://i.imgur.com/ZaMR7yD.jpeg?fb "Not necessary until it was") ](https://imgur.com/a/gu2bfXn) ---
**Author:** ![Eyebrows\_0f\_Doom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eyebrows_0f_doom/32/3119_2.png) [@Eyebrows\_0f\_Doom](https://boards.straightdope.com/u/Eyebrows_0f_Doom)\ **Post date:** [November 1, 2023, 5:09am UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/131 "2023-11-01T05:09:03Z")
Is that supposed to be something recognizable? It looks like many other holes in cardboard boxes that are used as hand holds. Without knowing what that is a picture of, why should we know that a warning was needed? ---
**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:** [November 1, 2023, 5:32am UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/132 "2023-11-01T05:32:53Z")
I was wondering the same thing. Is there a story we should know? ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [November 1, 2023, 1:51pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/133 "2023-11-01T13:51:45Z")
There is no upper (lower?) limit to the inattention, ineptness, and general foolhardiness of the general public. Nor to the grasping nature of the PI plaintiffs’ Bar and the I-wanna-win-the-lottery public. In a world where every minor mishap is a crisis that Must Not be Repeated we get ridiculous levels of corporate CYA. Most of which is both unnecessary and ineffective. But endlessly entertaining. ---
**Author:** ![Odesio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/odesio/32/20003_2.png) [@Odesio](https://boards.straightdope.com/u/Odesio)\ **Post date:** [November 1, 2023, 2:39pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/134 "2023-11-01T14:39:31Z")
> [@LSLGuy](#): > > In a world where every minor mishap is a crisis that Must Not be Repeated we get ridiculous levels of corporate CYA. Most of which is both unnecessary and ineffective. But endlessly entertaining. Every time we have an employee do something boneheaded someone will invariably suggest we add something to the policy or put a notification somewhere for others to see. That makes sense when you see multiple employees making the same mistake, but it doesn’t make sense when it’s an odd event you’ve never seen before and are unlikely to see again. ---
**Author:** ![gnoitall](https://avatars.discourse-cdn.com/v4/letter/g/bb73d2/32.png) [@gnoitall](https://boards.straightdope.com/u/gnoitall)\ **Post date:** [November 1, 2023, 2:48pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/135 "2023-11-01T14:48:55Z")
> [@Odesio](#): > > are unlikely to see again. Certainly the case with this person. There will be no repeat of this error. ☹ ---
**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:** [November 1, 2023, 2:58pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/136 "2023-11-01T14:58:03Z")
> [@LSLGuy](#): > > In a world where every minor mishap is a crisis that Must Not be Repeated we get ridiculous levels of corporate CYA. Most of which is both unnecessary and ineffective. But endlessly entertaining. Every new ladder sold has like eight stickers on them. They are probably all the result of a consumer doing something idiotic which led to a lawsuit. Virtually no one reads them, they don’t prevent anyone from doing the idiotic thing again and add to the cost of the ladder. The only ones who make out are the lawyers and the sticker manufacturers. ---
**Author:** ![beowulff](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beowulff/32/542_2.png) [@beowulff](https://boards.straightdope.com/u/beowulff)\ **Post date:** [November 1, 2023, 3:03pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/137 "2023-11-01T15:03:10Z")
Yeah, and the one sticker that **really** needs to be on a ladder is never present: “Don’t just casually toss this ladder into the bed of your overloaded work truck and drive on the freeway. This means you, Mr. Yard Guy!” ---
**Author:** ![pulykamell](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pulykamell/32/3166_2.png) [@pulykamell](https://boards.straightdope.com/u/pulykamell)\ **Post date:** [November 1, 2023, 3:03pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/138 "2023-11-01T15:03:59Z")
> [@hajario](#): > > There are plenty of energy drinks with 300+ mg of caffeine available at super markets and convenience stores I can’t find one around here. All the ones I checked the last two days at the gas station and 7-11 top out at 200mg. (If you count 5 hour Energy shots, the extra strength is still only 230mg). There may be some that don’t, but I’d like to know what they are so if I need an extra kick I know what to look for. At any rate, it’s not especially relevant as we see the large cups of coffee being sold and their caffeine content which can easily eclipse 300mg per container. ---
**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:** [November 1, 2023, 3:08pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/139 "2023-11-01T15:08:53Z")
I confess that I got my information from a search of highest caffeine drinks. I never drink energy drinks so they may be very rarely available. I did this to check on what turned out to be a laughably erroneous assertion that Panera lemonade was some sort of extreme outlier. Here’s the cite > **[Energy Drinks With the Most Caffeine](https://www.caffeineinformer.com/energy-drinks-caffeine)** > > A roundup of the 20 most caffeinated energy drinks on the market today. Also, the energy shots with the most caffeine. ---
**Author:** ![pulykamell](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pulykamell/32/3166_2.png) [@pulykamell](https://boards.straightdope.com/u/pulykamell)\ **Post date:** [November 1, 2023, 3:14pm UTC](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226/140 "2023-11-01T15:14:47Z")
Thanks. I recognize the Java Monster and Bang there. But I’m not sure I’ve seen the triple shot version of the Monster. I’ll have to look out for that bang. I’m kind of wondering if there might be some limitation here on caffeine content or whether it’s just low demand for the super high caffeinated bevs. [Previous page](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226.md?page=6) [Next page](https://boards.straightdope.com/t/family-sues-panera-bread-over-possible-death-from-energy-drink-do-they-have-a-case/992226.md?page=8)