Panera Halts Sales of ‘Charged Sips’ at Heart of Lawsuits

Panera’s Charged Sips are at the heart of two wrongful death lawsuits — one in New Jersey and one in Florida — and now, the restaurant chain has announced that it will be pulling the drinks off its menus.

NPR reports that the company would not comment on the exact timeline for removal. In its announcement on Tuesday, May 7, Panera also didn’t specify whether the ongoing lawsuits played a role in its decision to remove the product.

Rather, the company said that it will be introducing low-sugar and low-caffeine drinks to its menu after “listening to customers’ suggestions.” It didn’t say, though, when these new drinks will be rolled out.

The company first introduced Charged Sips to its menus in the spring of 2022, and concerns were almost immediately raised about the caffeine content. Each serving of Charged Sips contains between 155 milligrams and 302 milligrams of caffeine. For purposes of comparison, the average 8-ounce cup of coffee contains 95 milligrams of caffeine, and the Food and Drug Administration (FDA) recommends an intake of no more than 400 milligrams of caffeine a day.

That means that Panera customers who drank two or more servings of the Charged Sips risked taking in more than the recommended daily allowance of caffeine, which could create a health concern for those who are sensitive to the stimulant.

That appeared to be what happened to 46-year-old Dennis Brown of Fleming Island, Florida. The grocery store employee suffered from a chromosomal deficiency disorder, ADHD, and a developmental delay. In a lawsuit filed by his family after his death, it was alleged that Brown’s death in October 2023 occurred after he drank Panera’s Charged Lemonade because there were no appropriate warnings about the drink’s potency.

Panera, however, denied any responsibility for Brown’s death, and the similar death of New Jersey teenager Sarah Katz.

“Based on our investigation, we believe his unfortunate passing was not caused by one of the company’s products. We view this lawsuit, which was filed by the same law firm as the previous claim, to be equally without merit. Panera stands firmly by the safety of our products,” a company spokesperson said at the time.

However, Panera’s menu now includes the following language: “Consume in moderation. Not recommended for children, people sensitive to caffeine, pregnant or nursing women.”