A Florida man died after consuming three servings of a closely caffeinated beverage from Panera Bread, in keeping with a lawsuit filed towards the corporate on Monday. It’s the second lawsuit linking the beverage, Charged Lemonade, to a loss of life.
Dennis Brown, 46, died in October after struggling a “cardiac occasion” whereas strolling house from a Panera Bread in Fleming Island, Fla., in keeping with the wrongful-death lawsuit, which was filed by Mr. Brown’s mom, sister and brother in Superior Courtroom in Delaware.
It’s the second lawsuit filed towards Panera Bread over its Charged Lemonade, which has extra caffeine in its massive measurement than a 12-ounce Crimson Bull and a 16-ounce Monster Power Drink mixed.
The lawsuit stated the corporate “knew or ought to have identified” that the drink may injure kids, pregnant and breastfeeding girls, and folks delicate to caffeine.
After the preliminary lawsuit, Panera told NBC News that it had “enhanced our present caffeine disclosure” on its web site and app, and in its eating places.
In an announcement on Tuesday, Panera stated it “stands firmly by the protection of our merchandise.”
“Primarily based on our investigation we imagine his unlucky passing was not brought on by one of many firm’s merchandise,” the assertion stated. “We view this lawsuit, which was filed by the identical legislation agency as a earlier declare, to be equally with out advantage.”
In October, the dad and mom of a faculty scholar with a coronary heart situation who died in September 2022 after consuming a Charged Lemonade filed a lawsuit against Panera. The lawsuit stated that the scholar, Sarah Katz, 21, drank the beverage possible pondering it had a protected quantity of caffeine.
An everyday Charged Lemonade has 260 milligrams of caffeine and the big measurement has 390 milligrams, according to Panera’s website.
In accordance with the Food and Drug Administration, most “wholesome adults” can safely eat as much as 400 milligrams of caffeine per day, or about 4 or 5 cups of normal espresso, relying on the model and roast.
Power drinks sometimes comprise excessive ranges of caffeine, added sugars and stimulants that pose vital dangers to folks with coronary heart circumstances, who dietitians say ought to keep away from these drinks. Excessive quantities of caffeine may also pressure the cardiac system of people that would not have a coronary heart situation.
The lawsuit filed in Delaware stated that Mr. Brown had hypertension, a developmental delay, consideration deficit hyperactivity dysfunction and a chromosomal dysfunction that precipitated a light mental incapacity and blurry imaginative and prescient.
Mr. Brown advocated for group security and inclusion for folks with disabilities as a member of the Clay County Change Makers Self-Advocacy Group, the grievance stated.
He lived independently and labored for practically 17 years at a Publix grocery store, the place he would pack grocery luggage and stroll prospects to their automobiles.
After his shifts at Publix, he would go to Panera as much as 3 times per week, the lawsuit stated.
On Oct. 9, he ordered the Charged Lemonade and had two refills earlier than strolling house, the grievance stated. Through the stroll, he suffered a cardiac occasion and was discovered unresponsive on a sidewalk, the place he was pronounced lifeless.
The grievance stated that on the Panera, the Charged Lemonade “was provided side-by-side” with drinks with no caffeine or much less caffeine, and that it was not marketed as an vitality drink and didn’t have any warnings. The lawsuit doesn’t say whether or not Mr. Brown ordered an everyday or massive measurement.
Mr. Brown died from “cardiac arrest because of hypertensive illness,” in keeping with a loss of life certificates offered by Elizabeth Crawford, a lawyer on the legislation agency Kline & Specter, which is representing Mr. Brown’s and Ms. Katz’s households.
“Dennis is a part of a weak inhabitants that must be protected,” Ms. Crawford stated in an emailed assertion. “And Panera failed to guard Dennis. Dennis’ household, identical to the Katz household, hopes this message will get out to stop this from occurring once more to anybody else.”
The excessive caffeine ranges in Charged Lemonade attracted widespread attention and media coverage after a video was posted in December 2022 on TikTok by a consumer who was shocked by the drink’s sudden caffeine content material.
