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From your article, they're probably not going to win this suit.
Probably, apparently they also watered it down already + moved it behind the counter. They know they fucked up, they just seem to be stalling and victim blaming for now, maybe some astroturfing as well, probably trying to leverage a stronger position so that the other parties agree to a quiet settlement away from the media crossfires.
What I don't get is how people can defend this and proclaim with a straight face that the the intellectually impaired man should have been making smarter choices about what he consumed. Victim blaming in it's purest form.
Someone on the very fucking thread said "anyone with a half functioning brain" should be able to tell, and I'm like what the fuck am I reading?? Somebody fucking died. Why the fuck are people sucking a corporation's dick? Oh, boo hoo, they need to pay up and get better signage, poor Panera! It's wild. I can't imagine taking Panera's side.