New Jersey congressman proposes law after death of 21-year-old blamed on Panera lemonade
New Jersey congressman proposes law after death of 21-year-old blamed on Panera lemonade
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Panera plans to remove 'Charged Lemonade' from menu
Panera is moving its controversial and highly caffeinated 'Charged Lemonade' from its self-serve fountains behind the counter. This comes after a third lawsuit filed against Panera alleges the drink caused health problems.
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A newly proposed New Jersey bill aims to compel food chains to better label their caffeine products following the death of a 21-year-old student who went into cardiac arrest after consuming one of Panera Bread's highly caffeinated Charged Lemonade drinks.
The proposed legislation, the Sarah Katz Caffeine Safety Act, would require chains like Panera to disclose on menus and drive-thru kiosks is a product contains 150 mg or more of caffeine. It would also require energy drink manufacturers to clearly disclose the amount of caffeine on labels and push federal agencies to better study the effects of caffeine on certain communities, including adolescents and pregnant people.
Initiatives to better educate the public on the impacts of caffeine are also detailed in the act and study on how caffeine is marketed toward children and teens.
The bill, championed by Rep. Rob Menendez, D-N.J., was initially introduced last year but didn't make it past the initial stages. It was introduced again in Katz's hometown of Jersey City this week and in a press conference on Monday, Menendez told reporters that the demands of the proposed legislation are "simple."
'It's simple. We want every consumer to know what they're drinking,' he said. 'These changes will ensure that everyone, no matter how old or young, can walk into a store or order off a menu and know with confidence how much caffeine is in their drink.'
In a press statement issued Monday by Menendez's office, Katz's parents championed the bill.
'Regulation of highly caffeinated energy drinks, beverages, and food is needed for consumers to make informed choices for what is best for themselves and their families," said Jill and Michael Katz. 'The tragic loss of our dear daughter, Sarah, highlighted the tremendous risks that caffeine can pose to everyone, especially children, pregnant women, older adults, and vulnerable individuals. This legislation is an important step in the right direction.'
Bill inspired by death blamed on Panera Charged Lemonade
Panera's Charged Lemonade drinks were blamed for the deaths of two people, Katz and a 46-year-old Florida man, as well as "permanent" heart health issues alleged by a 28-year-old.
The bill is named after the first alleged victim, 21-year-old University of Pennsylvania student Sarah Katz, who went into cardiac arrest and eventually died on Sept. 10, 2022, hours after drinking the lemonade. In a lawsuit, her family said Katz had a heart condition and intentionally avoided caffeine, accusing Panera of misleading marketing and inadequate labeling that led to Katz unknowingly consuming 390 mg - more caffeine than is in a typical energy drink.
Panera added a warning label to the drinks in October 2023 after news of the Katz lawsuit broke. In a statement, the chain said they had "enhanced our existing caffeine disclosure for these beverages" out of "an abundance of caution." In January 2024, it removed the drinks from its self-serve section. In May 2024, the fast-casual chain announced it would be removing Charged Lemonade products from its menu nationwide.
It said at the time that the change was part of a greater menu transformation. The chain has not admitted wrongdoing in any of the suits and previously said it felt the two wrongful death lawsuits were "without merit."
Everything that's happened so far: Panera Charged Lemonade linked to alleged deaths, lawsuits
What happened to Sarah Katz
On Sept. 10, 2022, Sarah Katz drank a Charged Lemonade at a local Panera Bread. Having been diagnosed at a young age with a heart condition called QT syndrome type 1, Katz avoided energy drinks, according to the lawsuit filed later by her family.
An avid Gatorade drinker, Katz's family believes she saw the "charged" in "Charged Lemonade" as referring to electrolytes, similar to Gatorade's marketing, and claims she saw no signs indicating the drinks had a high caffeine content. Using her Unlimited Sip Club membership, which allows you to fill your drink cup without additional cost, Katz got the drink.
Hours later, she collapsed and fell into cardiac arrest. She was transported to a hospital where she went into another arrest and died.
In a statement to USA TODAY at the time, a Panera spokesperson said: 'We were very saddened to learn this morning about the tragic passing of Sarah Katz, and our hearts go out to her family. At Panera, we strongly believe in transparency around our ingredients. We will work quickly to thoroughly investigate this matter.'
Panera was hit with multiple lawsuits after another death and injury were also blamed on the lemonade. Katz's family was the first to reach an undisclosed settlement with the chain in October after lodging a wrongful death suit.
How much caffeine was in the Charged Lemonades?
The Charged Lemonades had 260 milligrams of caffeine in a "regular" size drink and as much as 390mg in a large drink.
Original ad materials for the lemonades compared the caffeine content to that of the brand's coffee. The Katz lawsuit pointed out, however, that the listed nutrition information measured only 214 mg in the regular-sized dark roast coffee and 268mg in the large.
The recommended daily limit of caffeine for adults is up to 400mg, according to the Food and Drug Administration and Mayo Clinic, equal to about 4-5 average cups of brewed coffee.
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