Panera’s Charged Lemonade has been the subject of multiple lawsuits. Why is it still on the menu?

Restaurant chain Panera Bread has faced three separate lawsuits in recent months claiming the high levels of caffeine in its Charged Lemonade led to the death of two customers and irreversible health complications in another.

Restaurant chain Panera Bread has faced three separate lawsuits in recent months claiming the high levels of caffeine in its Charged Lemonade led to the death of two customers and irreversible health complications in another. So why does the chain continue to offer the drink on its menu? “Very often in lawsuits, there is a knee-jerk reaction among lawyers to do as little as possible publicly out of some vague fear that you are exposing yourself to additional liability,” crisis PR expert James Haggerty told CNN, noting that this approach can have a detrimental effect on the market value of a company, at times to the tune of hundreds of millions of dollars. Completely removing the drink from the menu could come across as an implied admission that something was indeed wrong with it in the first place. But, according to Haggerty: “It’s a cost-benefit analysis … the loss of reputational value will often outweigh anything that occurs in the courtroom. “History has shown over and over again that the drip-drip-drip of negative publicity will cost a company far more than any lawsuit,” he added. Both wrongful death suits allege the Charged Lemonade does not clearly advertise its high levels of caffeine, and does not provide a warning to customers.