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Monday, January 22, 2024

Panera Bread moves its ‘Charged Lemonade’ behind counter after lawsuits over consumer deaths

 A Panera Bread restaurant put its “Charged Lemonade” out of the reach of customers after the super-caffeinated drink was blamed for causing a fatal heart attack.

An employee of a Panera Bread franchise in Manhattan told The Post that the once-refillable drink was moved behind the counter last October after the family of a 21-year-old University of Pennsylvania student sued the chain — alleging their daughter went into cardiac arrest and died after consuming the beverage.

“After the first lawsuit, they put a sticker on the bubblers that hold the [lemonade] that warns it has caffeine and it could be dangerous for certain groups of people,” the unnamed employee told The Post.

“And it was moved behind the counter.”

Panera’s 30-ounce charged lemonade contains more caffeine than both Red Bull and Monster energy drinks combined.

The employee said “some stores already had the chargers behind the counter from when we first got them, but not all.”

Now the store placed a sign on the counter by the other bubblers telling customers that the charges are behind the counter, the Panera Bread employee told The Post.

Panera Bread is being sued by Rhode Island resident Lauren Skerritt, 28, after she allegedly suffered health defects from a caffeinated beverage.Courtesy Elizabeth Crawford

A Reddit poster confirmed the employee’s claim that the drinks are no longer self-serve. The poster took a photo showing a warning sign beside the drink urging customers to be aware of the high caffeine content.

According to Panera’s menu, a large Charged Lemonade has 390 milligrams of caffeine, close to the FDA’s 400-milligram daily maximum intake.

The Post has sought comment from Panera Bread.

Last week, Lauren Skerritt, a 28-year-old Rhode Island woman and amateur athlete, filed a lawsuit against Panera Bread alleging that she was rushed to the emergency room after consuming the beverage.

Panera Bread has started to move its “Charged Lemonade” drinks behind the counter, according to an employee of the chain.Gado via Getty Images

Skerritt alleged in the complaint that she suffered an irregular heartbeat the day after consuming two and a half servings of Panera Bread’s “Charged Lemonade” that she bought from the chain’s outpost in Greenville, R.I. on April 8 of last year.

Since that time, Skerritt has experienced “recurrent episodes of rapid heartbeat that occur suddenly and without pattern,” according to the lawsuit, filed Tuesday in Delaware superior court.

Her attorney, Elizabeth Crawford, also represents the families of two people who died after allegedly drinking “Charged Lemonade.”

Panera has said the previous two lawsuits were “equally without merit.”

In the fall, the family of Sarah Katz, a 21-year-old University of Pennsylvania student, sued Panera, claiming the lemonade beverage was responsible for her fatal heart attack hours after she drank the caffeine-rich product.

Last year, the family of Dennis Brown filed suit against Panera Bread.Family of Dennis Brown / Action News Jax

Katz’s family alleged in the complaint that Panera included the beverage as part of its “Sip Club” in which customers are urged to “drink unlimited Panera Charged Lemonade every day.”

“We were very saddened to learn this morning about the tragic passing of Sarah Katz, and our hearts go out to her family,” a Panera spokesperson told The Post.

The spokesperson said the company “strongly believe[s] in transparency around our ingredients.”

Sarah Katz, 21, allegedly suffered a fatal heart attack in 2022 after consuming a “Charged Lemonade” beverage at Panera.Courtesy Katz Family
“We will work quickly to thoroughly investigate this matter,” the company rep told The Post.

Last month, the family of Dennis Brown, a 46-year-old resident of Florida, filed suit against Panera Bread alleging that he died of cardiac arrest just hours after drinking a Charged Lemonade.

Panera released a statement about the lawsuit filed by Brown’s family, saying: “Panera expresses our deep sympathy for Mr. Brown’s family.”

“Based on our investigation we believe his unfortunate passing was not caused by one of the company’s products,” the company said.

https://nypost.com/2024/01/22/business/panera-bread-moves-charged-lemonade-behind-counter-after-lawsuits/

Trump edges Biden among New York Latinos as migrant crisis rages: poll

 President Biden’s popularity has plummeted so precipitously in New York that he trails former President Donald Trump among Latino voters amid the unrelenting migrant crisis — though the Empire State would still vote blue in a 2024 matchup between the two, according to a new survey.

Trump leads Biden 42% to 39% among Hispanic voters with the remainder undecided, according to the Siena College Poll released Monday. 

As recently as November, the incumbent Democrat led his predecessor by 27 points in the traditionally left-leaning demographic.

“I would think it’s very concerning [for Biden]” said Siena College pollster Steven Greenberg. “It fits in with what we’re seeing nationally.”

Biden, 81, beat Trump, 77, by 23 percentage points in New York in 2020. This time, however, the president leads Trump by just nine points, 46% to 37%, which tracks with Biden trailing the 45th president in other battleground states.

When independent candidates Robert F. Kennedy Jr. and Cornel West are included, Biden and Trump’s vote share drops to 41% and 32%, respectively.

Donald Trump
Trump leads Biden 42% to 39% among Hispanic voters with the remainder undecided.Getty Images

Biden has also bled support among New York’s black voters, who went for him at a more than 90% clip in November 2020.

Now, however, the Siena poll shows Biden leading Trump by just 30 percentage points (54% to 24%) among blacks, down from the 51-point spread (64% to 13%) the survey returned in November.

The president checks in with a favorability rating of just 43% among New Yorkers, the lowest measured by the Siena poll, with 53% having an unfavorable opinion of the commander-in-chief. Biden’s job approval rating of 44% is also a new low for the survey, with 56% disapproving.

“As has been the case in recent national polls, Biden has lost considerable support among key constituencies that propelled him to victory four years ago,” Greenberg said.

“While Biden’s falling poll numbers have not been dramatic month-to-month, they are dramatic if you look over the last year,” he added. “A year ago, Biden’s net favorability rating was +2, today 10 points underwater, and his net approval rating fell from +4 to -12, a net drop of 16 points.”

Joe Biden
Biden has also bled support among New York’s black voters.REUTERS


The border crisis remains a festering issue and New York voters are unhappy with how top Democratic elected officials are handling it — with most of their rage reserved for the man in the Oval Office.

The Siena poll found that 85% of respondents said the migrant issue is a serious problem, with 61% rating it very serious.

Biden, Gov. Kathy Hochul and New York City Mayor Eric Adams are all underwater with voters over their handling of the issue, with two-thirds disapproving of Biden’s response while only 28% approve.

Hochul and Adams fare little better, with 59% disapproving of the governor’s handling of the crisis (33% approve), and 54% not liking Hizzoner’s response (28% approve).

Notably, 89% of Latino New Yorkers rated the migrant crisis a serious problem, the highest proportion of any racial or ethnic group, with 65% saying it is very serious.

In other notable findings, more New York voters disapproved (45%) than approved (43%) of providing more economic and military aid to Israel as the Jewish state’s war against Hamas in the Gaza Strip enters its fourth month.

Half of New Yorkers support increased aid for Ukraine, but the margin in favor of that policy is smaller (10 percentage points) than in November (16 percentage points).

“Democrats support increased military and economic aid for Ukraine better than two-to-one; however,
Republicans oppose by a similar margin and independents are closely divided,” Greenberg said. “When it comes to Israel, the partisan divide disappears. Democrats narrowly oppose it, 47-43%, as do independents, 43-38%, while Republicans barely support Israeli aid, 46-44%.

“White voters support Israeli aid by 10 points and Ukrainian aid by 20 points, while black and Latino voters oppose both,” Greenberg added. “Younger voters also oppose aid to both countries, while older voters strongly support aid for both countries.”

The Siena College Poll surveyed 807 registered New York voters Jan. 14-17. The margin of error was plus or minus 4.5 percentage points.

https://nypost.com/2024/01/22/metro/trump-edges-biden-among-new-york-latinos-polltrump-edges-biden-among-new-york-latinos-as-migrant-crisis-rages-poll/

Google search result quality getting worse due to ‘SEO spam’: study

 The quality of Google’s search engine results has “gotten worse” due to rampant spam, according to a study out of Germany.

The findings were based on a year-long analysis of 7,392 product review queries — such as “best headphones” and “best alphabet toys” — on Google, Bing and DuckDuckGo, according to experts at Leipzig University, Bauhaus-University Weimar and the Center for Scalable Data Analytics and Artificial Intelligence.

“We find that search engines do intervene and that ranking updates, especially from Google, have a temporary positive effect, though search engines seem to lose the cat-and-mouse game that is SEO spam,” the study said.

The experts said product reviews were an ideal test because they are “particularly vulnerable to affiliate marketing due to its inherent conflict of interest between users, search providers, and content providers.”

The analysis revealed that Google and the other search engines have “significant problems with highly optimized (affiliate) content” that draws attention from unsuspecting users despite its lower quality. Spam results were more common in the search engines than baseline trends for the broader internet.

While Google “improved to some extent” during the course of the study, the researchers said they “can still find several spam domains and also see an overall downwards trend in text quality in all three search engines.”

“We also notice the line between benign content and spam in the form of content and link farms becomes increasingly blurry—a situation that will surely worsen in the wake of generative AI,” the researchers said.

404 Media was first to report on the study.

A Google spokesperson pushed back on the study’s findings.

“This particular study looked narrowly at product review content, and it doesn’t reflect the overall quality and helpfulness of Search for the billions of queries we see every day,” the spokesperson said in a statement.

“We’ve launched specific improvements to address these issues – and the study itself points out that Google has improved over the past year and is performing better than other search engines,” the statement added. “More broadly, numerous third parties have measured search engine results for other types of queries and found Google to be of significantly higher quality than the rest.” 

Microsoft and DuckDuckGo did not immediately return requests for comment.

Google highlighted its efforts to crack down on spam in search results in a blog post last February – though it also defended the use of automation to produce content.

Google
Google has seen a rise in SEO-related spam in product reviews.IB Photography – stock.adobe.com

“It’s important to recognize that not all use of automation, including AI generation, is spam,” the blog post said.

Google controls approximately 90% of the online search marketplace. The Justice Department has accused the Big Tech giant of maintaining an illegal monopoly. A federal judge is expected to issue an initial ruling in the landmark case later this year.

Elsewhere, both Google and Microsoft-backed OpenAI have faced scrutiny over their use of copyrighted material to train their advanced AI models. In December, the New York Times took legal action OpenAI and Microsoft in a suit that seeks billions of dollars in damages.

https://nypost.com/2024/01/22/business/google-search-result-quality-getting-worse-due-to-seo-spam-study/

More pie in the sky: 'NYC, nonprofit team up to wipe $2b medical debt from 500,000 New Yorkers'

 New York City officials and a nonprofit are teaming up to wipe out $2 billion in medical debt hanging over the heads of 500,000 New Yorkers as part of a “life-changing” initiative, the mayor’s office announced Monday.

The debt relief program would help city residents who have medical debt that is 5% or more of their annual household income as well as those with an annual household income that is 400% or lower of the federal poverty line, officials with Adams office and the city’s health department said.

The city will invest $18 million in the next three years while working with New York-based nonprofit RIP Medical Debt to wipe the slate clean for the hundreds of thousands of locals selected for the one-time program.

Mayor Eric Adams said the $2 billion program would be the largest municipal initiative of its kind in the country.

“Getting health care shouldn’t be a burden that weighs on New Yorkers and their families,” Adams said in a statement.

“Since day one, our administration has been driven by the clear mission of supporting working-class New Yorkers and today’s investment that will provide $2 billion in medical debt relief is another major step in delivering on that vision.

Health Commissioner Dr. Ashwin Vasan
Health Commissioner Dr. Ashwin Vasan’s department also made the announcement Monday.William Farrington

“Up to half a million New Yorkers will see their medical debt wiped thanks to this life-changing program — the largest municipal initiative of its kind in the country. We are proud to bring this relief to families across the five boroughs, as we continue to fight on behalf of working-class New Yorkers.” 

RIP Medical Debt would buy bundled medical debt portfolios from providers, including hospitals and commercial debt buyers, and then eliminate the debt at pennies on the dollar, the mayor’s office said.

Recipients of the program will be alerted their financial burden is lifted with no caveats to fret over. There is no application process, the city stressed.

The program is supposed to get started in early 2024 and run for three years.

Medical debt has become the top cause of personal bankruptcy in the US. More than 100 million Americans face varying degrees of medical debt totaling about $195 billion, according to a 2022 Kaiser Family Foundation report. 

https://nypost.com/2024/01/22/metro/nyc-and-rip-medical-debt-to-wipe-2-billion-in-debt-for-500k-residents/