Panera Bread’s Charged Lemonade blamed for a second death, lawsuit alleges

Panera Bread’s extremely caffeinated Charged Lemonade is now blamed for a second demise, in line with a lawsuit filed Monday.

Dennis Brown, of Fleming Island, Florida, drank three Charged Lemonades from a neighborhood Panera on Oct. 9 after which suffered a deadly cardiac arrest on his means house, the swimsuit says.

Brown, 46, had an unspecified chromosomal deficiency dysfunction, a developmental delay and a gentle mental incapacity. He lived independently, regularly stopping at Panera after his shifts at a grocery store, the authorized criticism says. As a result of he had hypertension, he didn’t devour power drinks, it provides.

Picture: Dennis Brown (Courtesy household of Dennis Brown)

The lawsuit was filed on behalf of Brown’s mom, sister and brother lower than two months after Panera was hit with a separate lawsuit concerning Sarah Katz, an Ivy League scholar with a coronary heart situation who died in September 2022 after she drank a Charged Lemonade. That lawsuit, first reported by NBC Information, referred to as the beverage a “harmful power drink” and argued that Panera did not appropriately warn customers about its components, which embody the stimulant guarana extract.

Panera has marketed its Charged Lemonade as “Plant-based and Clear with as a lot caffeine as our Darkish Roast espresso.” At 390 milligrams of caffeine, a big, 30-fluid-ounce Charged Lemonade has extra caffeine in complete than any measurement of Panera’s darkish roast espresso, the authorized complaints say. The massive cup accommodates greater than the caffeine content material of normal cans of Pink Bull and Monster power drinks mixed, plus the equal of almost 30 teaspoons of sugar, the complaints say.

The Meals and Drug Administration says wholesome adults can safely devour 400 milligrams of caffeine a day.

Brown had consumed Charged Lemonades within the days main as much as his demise, in line with Monday’s wrongful demise lawsuit, which was filed in Delaware, the place Panera is included.

It’s unclear whether or not Brown knew how a lot caffeine and different stimulants had been within the drink, which on the time of his demise was obtainable in self-serve dispensers and “supplied side-by-side with the entire retailer’s non-caffeinated and/or much less caffeinated drinks,” the swimsuit says.

Brown’s explanation for demise was cardiac arrest resulting from hypertensive illness, in line with a demise certificates supplied to NBC Information by Elizabeth Crawford, a accomplice on the Philadelphia-based legislation agency Kline & Specter, PC, who’s representing each Brown’s household and Katz’s household.

Panera stated that it expressed “our deep sympathy for Mr. Brown’s household” and that it stood by the security of its merchandise.

“Primarily based on our investigation we imagine his unlucky passing was not brought on by one of many firm’s merchandise,” it stated in an announcement. “We view this lawsuit, which was filed by the identical legislation agency as a earlier declare, to be equally with out benefit. Panera stands firmly by the security of our merchandise.”

After the primary lawsuit, Panera put extra detailed disclosures in all of its eating places and on its web site warning prospects to devour the Charged Lemonade carefully, stating that it isn’t really useful for youngsters, individuals delicate to caffeine or pregnant or nursing girls.

Crawford referred to as Brown a “very important member” of his household who “all the time made everybody smile.” His kinfolk filed the lawsuit to get the phrase out concerning the risks of the drink, she stated in a telephone interview.

“This can be a weak inhabitants that I believe the group at massive ought to assist defend. And I really feel like Panera failed to do this for Dennis,” she stated. “Dennis’ household, identical to the Katz household, hopes that this message will get out to stop this from taking place to a different Dennis.”

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