Panera Bread is confronting a second wrongful dying lawsuit after a buyer allegedly died from consuming its standard caffeinated “charged lemonade” beverage. The lawsuit, filed on Monday, particulars the dying 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 house 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 may pose dangers, significantly to kids, pregnant and breastfeeding ladies, and people delicate to caffeine.
Charged lemonade, which has extra caffeine in its giant dimension than a 12-ounce Crimson Bull and a 16-ounce Monster Power drink mixed, has been on the heart of authorized scrutiny for the previous few months. Following the primary wrongful dying lawsuit through which a 21-year-old girl died after consuming the drink—filed in October—Panera claimed to have “enhanced our current caffeine disclosure” on its platforms and in eating places.
The lawsuit filed in Delaware disclosed that Brown had ordered Panera’s charged lemonade at the least 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 gentle mental incapacity and blurry imaginative and prescient. The lawsuit mentioned Brown believed the Panera charged lemonade was secure because it was not marketed as an power 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 imagine that Brown’s passing was not attributable to their product. Panera characterised the lawsuit, filed by the identical regulation agency because the earlier declare, as “equally with out advantage.”
In October, a lawsuit filed by the dad and mom of Sarah Katz—a school pupil with a coronary heart situation who died in September 2022 after consuming charged lemonade—recommended that Katz doubtless believed the beverage had a secure quantity of caffeine. A daily charged lemonade accommodates 260 milligrams of caffeine, whereas the massive dimension boasts 390 milligrams, in line with 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. Power drinks, similar to charged lemonade, usually comprise excessive ranges of caffeine, sugars and stimulants that pose dangers, significantly to people with coronary heart situations. The sudden 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 kids and adults alike,” the brand new swimsuit claims. “This advertising is particularly harmful to a susceptible inhabitants, kids and adults who would fairly imagine this product was lemonade and secure for consumption.” The lawsuit additionally contends that the drink poses a threat as a result of it’s blended at particular person retailer places, that means its caffeine content material will not be strictly managed.The lawsuit notes that charged lemonade was provided alongside non-caffeinated choices at Panera and was not marketed as an power drink with accompanying warnings.
