Panera Bread is grappling with a second wrongful death lawsuit, alleging that a customer, Dennis Brown, died after consuming the popular caffeinated “charged lemonade.” Filed on Monday, the lawsuit reveals details of Brown’s death, asserting that he suffered a “cardiac event” after drinking three servings of the beverage in October.
The lawsuit, brought by Brown’s family in Superior Court in Delaware, claims that Panera should have been aware of the potential risks associated with the charged lemonade, particularly for children, pregnant and breastfeeding women, and individuals sensitive to caffeine.
Charged lemonade, known for having more caffeine in its large size than a 12-ounce Red Bull and a 16-ounce Monster Energy drink combined, has faced legal scrutiny in recent months. Panera, responding to the first lawsuit filed in October involving the death of a 21-year-old woman, asserted that they had “enhanced our existing caffeine disclosure.”
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The latest lawsuit reveals that Brown ordered Panera’s charged lemonade at least seven times over two weeks and details his medical conditions. Panera maintains that Brown’s passing was not caused by their product, expressing sympathy for the family and dismissing the lawsuit as “equally without merit.”
The lawsuit argues that Panera’s marketing of charged lemonade, a juice beverage, is dangerous to a vulnerable population, as it is perceived as a safe product for children and adults. It also contends that the mixed nature of the drink at individual store locations poses a risk due to uncontrolled caffeine content. The charged lemonade, offered alongside non-caffeinated options, lacks advertising as an energy drink with accompanying warnings.
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The Food and Drug Administration (FDA) recommends that most “healthy adults” can safely consume up to 400 milligrams of caffeine per day, with individual tolerance levels and health conditions considered. Energy drinks, like charged lemonade, often contain high levels of caffeine, sugars, and stimulants, posing risks, especially to those with heart conditions. The unexpected caffeine content gained attention after a TikTok video in December 2022 highlighted its high levels.
