Panera settles Charged Lemonade wrongful death suit
Two years after an Ivy League student’s death put the spotlight on a caffeinated beverage from Panera Bread, her family has settled with the restaurant chain. The family of Sarah Katz, a 21-year-old University of Pennsylvania student at the time of her death, reached a settlement Monday, Oct. 7, just days before the case was headed for trial.
The family’s lawyer, Elizabeth Crawford with the law firm Kline and Specter, told Straight Arrow News “the matter has been resolved.” Crawford added she could not comment any further.
According to the wrongful death lawsuit filed in Philadelphia last year, Katz avoided energy drinks because of a heart condition, but ordered Panera’s Charged Lemonade not knowing its high levels of caffeine.
The suit claimed the drink was not properly labeled, described at the time as a “plant-based” option. Katz went into cardiac arrest at the restaurant and later died at the hospital.
A large cup of the beverage contained about 390 milligrams of caffeine, and FDA said a safe quantity of caffeine for healthy adults is typically around 400 milligrams a day.
The family of 46-year-old Dennis Brown of Florida, who lived with a chromosomal deficiency disorder and high blood pressure, sued Panera after he drank the Charged Lemonade and suffered cardiac arrest on his walk home. He died at the scene.
In response, Panera responded the suits had no merit. However, the company would later make changes by adding warnings to the drink’s online description: “Contains caffeine. Use in moderation. Not recommended for children, people sensitive to caffeine, pregnant or nursing women.”
Like Katz, the firm of Kline and Specter also represents Brown and two other plaintiffs who had no underlying health conditions but claim Panera’s Charged Lemonade caused heart injuries.
Straight Arrow News has reached out to Panera for a comment on the settlement.
US pauses shipment of bombs to Israel amid concerns over Rafah operation
The U.S. paused a shipment of bombs to Israel amid concerns over an invasion in Rafah. Stormy Daniels testifies in the criminal trial of former President Donald Trump, prompting a bid for a mistrial by his legal team. These stories and more highlight The Morning Rundown for Wednesday, May 8, 2024.
US pauses shipment of bombs to Israel amid concerns over Rafah operation
The Biden administration confirmed Tuesday, May 7, that it paused ammunition shipments to Israel last week due to concerns about a major ground operation in Rafah, a Gaza border city. U.S. officials said the shipment included 3,500 bombs, some weighing 2,000 pounds, others weighing 500 pounds. This marks the first time the administration has delayed an arms delivery to Israel since the war began following Hamas’ terror attack in October.
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The pause in arms shipments occurred hours after the Israeli military sent tanks into Rafah in what the U.S. and Israel described as a “limited” operation. Israel forces seized control over the crossing with Egypt, a vital corridor for humanitarian aid into the Gaza Strip. The U.S. has repeatedly warned Israeli Prime Minister Benjamin Netanyahu against a major offensive in Rafah, where over one million Palestinians have relocated.
House Speaker Mike Johnson criticized, R-La., the decision to withhold weapons, stating it does not reflect the “will of Congress” following the passage of the latest foreign aid bill last month.
President Joe Biden, speaking at a Holocaust remembrance ceremony at the Capitol, did not mention the delay but addressed the surge of antisemitism in America and around the world. He reaffirmed America’s support for Israel.
“To the Jewish community, I want you to know,” Biden said. “I see your fear, your hurt and your pain. Let me reassure you. As your president, you’re not alone. You belong. You always have, and you always will. And my commitment to the safety of the Jewish people, the security of Israel and its right to exist as an independent Jewish state is ironclad even when we disagree.”
Wednesday, May 8, is the deadline for the State Department to report to Congress on whether Israel’s use of U.S. weapons in Gaza is violating international humanitarian laws. Reuters reports the department is likely to miss this deadline. Defense Secretary Lloyd Austin is also expected to testify before the Senate Appropriations Committee today, where he will likely face questions about the administration’s policies.
Russian airstrikes damage Ukrainian energy facilities
Russian missiles and drones struck nearly a dozen Ukrainian infrastructure sites early Wednesday, May 8, damaging three Soviet-era thermal power plants. Ukrainian officials reported that the strikes injured three people and impacted energy facilities, homes and public transportation across several regions.
Ukrainian President Volodymyr Zelenskyy condemned the strikes, which occurred on the same day Ukraine celebrates Victory Over Nazism in World War II. He called for global recognition of the threat posed by modern Nazism.
Russia has not immediately responded to these latest strikes.
Judge denies Trump’s motion for mistrial after Stormy Daniels’ testimony
The judge presiding over Donald Trump’s criminal trial in New York denied the former president’s legal team’s motion for a mistrial on Tuesday, May 7. Trump’s attorneys called for a mistrial as they argued that testimony by adult film star Stormy Daniels was “extraordinarily prejudicial.”
During her testimony, Daniels detailed an alleged sexual encounter with Trump, leading to numerous objections from the former president’s team. Trump’s attorneys argued her testimony was not relevant to the case, where Trump is accused of falsifying business records to hide hush money payments his former lawyer made to Daniels amid the 2016 presidential election.
While dismissing the motion for a retrial, the judge noted, “It would have been better if some of these things had been left unsaid,” but argued that Trump’s team should have raised more objections. Trump has denied the encounter with Daniels ever happened and has pleaded not guilty in the case.
Daniels is scheduled to return to the stand for further cross-examination on Thursday, May 9, when the trial resumes.
Body of 6th victim in Baltimore bridge collapse recovered
Crews have recovered the body of the final missing worker from the collapse of Baltimore’s Francis Scott Key Bridge in March, as they prepare to demolish the wreckage.
The worker was among six killed when the container ship Dali lost power, struck a support column, and caused the bridge to collapse, halting most maritime traffic through Baltimore’s port.
Panera discontinuing Charged Lemonade following wrongful death lawsuits
Panera Bread announced it will discontinue its Charged Lemonade beverages nationwide following lawsuits linking the drink’s high caffeine content to at least two deaths.
A company spokesperson confirmed the decision on Tuesday, May 7, stating the drink is being discontinued as part of Panera’s “menu transformation,” but did not address the wrongful death lawsuits.
In October, the family of a 21-year-old University of Pennsylvania student with a heart condition filed a lawsuit alleging she died after consuming the beverage. In December, the family of a Florida man with a chromosomal deficiency disorder also filed a lawsuit after his death, which they claim was caused by the drink.
Following reports of the lawsuits, Panera updated its warnings, advising that the lemonade was not recommended for children, pregnant or nursing women, or people sensitive to caffeine.
Panera has previously stated it stands by the safety of its products.
OpenAI partners with publisher of People magazine
OpenAI has partnered with Dotdash Meredith, the publisher of People magazine, to enhance its ChatGPT system. Dotdash Meredith said the collaboration will incorporate “trusted content” from the company’s array of brands — including “Better Homes and Gardens,” “Food and Wine,” and “InStyle” — providing ChatGPT with access to recipes, health information, entertainment coverage and product reviews.
As part of the licensing agreement, ChatGPT users will soon find links to the publisher’s various sites in relevant responses. Additionally, OpenAI will collaborate with Dotdash Meredith to develop new AI products for its readers and improve its ad-targeting tools.
Panera franchisee says he’ll pay $20 per hour after minimum wage controversy
A wealthy campaign donor of California Gov. Gavin Newsom, D, has announced plans to increase wages at his Panera Bread restaurants to $20 an hour. The decision follows controversy surrounding what critics called a “carveout” for the restaurant chain in the state’s new minimum wage law for fast-food workers.
California’s current minimum wage stands at $16 per hour. Last year, Newsom signed a law mandating fast-food restaurants with at least 60 locations nationwide pay workers at least $20 an hour, effective April 1. However, this law does not cover restaurants with their own bakeries that produce and sell bread as a standalone menu item.
The exemption initially seemed to benefit Panera Bread restaurants, prompting speculation that Newsom had advocated for it to favor donor Greg Flynn, who owns and operates 24 Panera Bread locations in California.
Both Newsom and Flynn have denied these allegations. Newsom’s office contends that Panera Bread restaurants are likely not exempt because the dough used to make bread is mixed off-site.
Flynn, in a statement, emphasized his commitment to his employees, stating that the decision to raise wages was made to attract and retain the best team members. Flynn maintains the exemption for bread producers holds little practical value for his company.
Is Panera Bread’s CA minimum wage exemption a Newsom favor?
In April, fast-food chains in California will have to pay their employees at least $20 an hour under a new minimum wage law. However, that minimum wage requirement will not apply to certain chains, including Panera Bread.
People are speculating why Panera is exempt, with some bringing up California Gov. Gavin Newsom’s, D, ties to an owner of several of the franchises.
The new minimum wage law requires fast-food restaurants that have at least 60 locations to start paying their workers $20 an hour.
The exception is if a fast food chain bakes and sells bread as a standalone item — which Panera does. In that case, a franchise does not have to increase the amount of money it pays their employees. Their minimum wage starts at $16 dollars an hour.
As Bloomberg first reported, billionaire Greg Flynn’s Flynn Restaurant Group owns more than 100 Panera Bread franchises, including a couple dozen in California. Flynn happens to have close ties with Newsom, according to sources who spoke with Bloomberg.
Flynn is a longtime friend and donor to the governor, according to Bloomberg’s report. The two went to high school together and Flynn has donated to Newsom’s campaigns, including a $100,000 and $64,000 donation in 2022. Sources told Bloomberg that Flynn is known to brag about his close relationship with Newsom.
In a press conference last year, a reporter questioned Newsom about any ulterior motive behind the exemption that favors Panera over other fast-food chains. The governor chalked it up to negotiations, saying the decision was “the result of countless hours of negotiations with dozens of stakeholders over two years.”
People familiar with those negotiation talks said it was Newsom pushing for Panera to be exempt. This bakery clause was adopted “as a means of gaining the governor’s support for the legislation,” according to Bloomberg’s sources.
Other fast-food chains were not happy with California’s wage hike.
McDonald’s said the minimum wage increase will cost each California location $250,000 a year, calling it a “devastating financial blow.”
Chipotle said the wage increase will cost the company an extra $74 million and will raise menu prices in the “high single digits to preserve margins.”
El Pollo Loco is rolling out kiosks to trim its workforce and will also increase food prices.
In order to qualify for the bakery exemption, restaurants had to have started baking and selling bread in September 2023 or before. Croissants and bagels do not qualify.
Michelle Korsmo, the head of the National Restaurant Association, said everyone is scratching their head over the bread exemption, and described the provision as an example of why her organization’s members should “develop political connections to seek better legislative outcomes.”