Panera Bread is confronting a second wrongful demise lawsuit after a buyer allegedly died from consuming its in style caffeinated “charged lemonade” beverage. The lawsuit, filed on Monday, particulars the demise of Dennis Brown, a 46-year-old Florida man who handed away in October after consuming three servings of the drink.
In line with the wrongful-death lawsuit filed by Brown’s household in Superior Courtroom in Delaware, Brown suffered a “cardiac occasion” whereas strolling dwelling from a Panera Bread in Fleming Island, Fla. on Oct. 9. The lawsuit alleges that Panera “knew or ought to have identified” that the charged lemonade might pose dangers, significantly to youngsters, pregnant and breastfeeding girls, and people delicate to caffeine.
Charged lemonade, which has extra caffeine in its giant dimension than a 12-ounce Purple Bull and a 16-ounce Monster Vitality drink mixed, has been on the middle of authorized scrutiny for the previous few months. Following the primary wrongful demise lawsuit by which a 21-year-old girl died after consuming the drink—filed in October—Panera claimed to have “enhanced our present caffeine disclosure” on its platforms and in eating places.
The lawsuit filed in Delaware disclosed that Brown had ordered Panera’s charged lemonade a minimum of seven occasions over the course of two weeks in September and October. It additionally disclosed Brown’s medical situations, together with hypertension, developmental delay, consideration deficit hyperactivity dysfunction, and a chromosomal dysfunction inflicting a light mental incapacity and blurry imaginative and prescient. The lawsuit stated Brown believed the Panera charged lemonade was secure because it was not marketed as an vitality drink.
In response to Brown’s case, Panera launched a press release on Tuesday expressing sympathy for the household whereas staunchly defending the security of its merchandise. The assertion famous that the corporate’s investigation led them to consider that Brown’s passing was not attributable to their product. Panera characterised the lawsuit, filed by the identical legislation agency because the earlier declare, as “equally with out benefit.”
In October, a lawsuit filed by the mother and father of Sarah Katz—a school scholar with a coronary heart situation who died in September 2022 after ingesting charged lemonade—recommended that Katz seemingly believed the beverage had a secure quantity of caffeine. A daily charged lemonade accommodates 260 milligrams of caffeine, whereas the big dimension boasts 390 milligrams, in response to Panera’s web site.
The Meals and Drug Administration (FDA) advises that almost all “wholesome adults” can safely devour as much as 400 milligrams of caffeine per day, emphasizing the significance of particular person tolerance ranges and well being situations. Vitality drinks, akin to charged lemonade, typically comprise excessive ranges of caffeine, sugars and stimulants that pose dangers, significantly to people with coronary heart situations. The surprising caffeine content material of charged lemonade gained widespread consideration after a TikTok video in December 2022 highlighted the drink’s shockingly excessive ranges.
“Panera Charged Lemonade is a juice beverage marketed to youngsters and adults alike,” the brand new swimsuit claims. “This advertising and marketing is particularly harmful to a weak inhabitants, youngsters and adults who would fairly consider this product was lemonade and secure for consumption.” The lawsuit additionally contends that the drink poses a danger as a result of it’s blended at particular person retailer areas, which means its caffeine content material just isn’t strictly managed.The lawsuit notes that charged lemonade was supplied alongside non-caffeinated choices at Panera and was not marketed as an vitality drink with accompanying warnings.