
A Florida family has accused Panera Bread of causing Dennis Brown’s cardiac arrest with its caffeinated lemonade drink, which has put the restaurant at the center of another wrongful death lawsuit.
In response to a similar lawsuit alleging a woman had died after consuming a highly caffeinated “charged lemonade” beverage, the well-known fast-casual chain posted signage on menus and issued warnings in late October.
The restaurant chain warned patrons to “use in moderation” and included disclaimers that the drinks are “not recommended for children, people who are allergic to caffeine, pregnant or nursing women” following the death earlier this year. At the time, the drinks were said to contain “about as much caffeine as [Panera’s] Dark Roast Coffee.”
13 milligrams of caffeine per ounce is the standard order for Panera’s charged lemonade; however, the iced beverage’s original nutrition information on menus did not consider ice dilution. According to information obtained by ABC News, Panera is updating its menu items and information.
The U.S. Food and Drug Administration recommends a daily maximum adult consumption amount of caffeine of 390 milligrams, which is exactly 10 milligrams less than what Panera’s 30-ounce large-size charged lemonade contained at the time of the first lawsuit. The same drink now lists 237 mg of caffeine on the Panera menu. According to information obtained by ABC News, Panera is updating its menu items and information.
The 46-year-old Brown, who was a part of the restaurant’s “sip club,” which entitles patrons to order unlimited drinks, is accused of dying while strolling home after consuming charged lemonades with his dinner at a Panera location close to his Florida job on Monday. The new lawsuit was filed and obtained by ABC News.
According to the lawsuit, Panera promoted its three plant-based “charged lemonades” as an instant energy drink made with guarana and green coffee extract that takes lemonade to a whole new level with “clean caffeine.”
Brown was diagnosed with a chromosomal disorder, according to ABC Atlanta affiliate station WSB. Brown’s supportive living coach, Deann Burgess, was among those who said that he “did not buy energy beverages or anything like that.” Brown avoided energy drinks because of his high blood pressure, according to Brown’s family, who spoke with WSB.
The lawsuit states that Brown had been consuming charged lemonades for six days before his passing.
The lawsuit also alleges that Brown was given the “unregulated beverage” alongside all of the store’s other non-caffeinated and/or less caffeinated drinks, without any warnings or advertisements about it being an “energy drink.”
“Accordingly, Dennis drank the Panera Charged Lemonade, knowing that it was a traditional lemonade having a reasonable amount of caffeine safe for him to drink,” according to the lawsuit. “Based on hearsay and suspicion, Dennis filled his charged lemonade twice more in his ninety minutes at PBC. According to the lawsuit, Dennis was known to regularly consume three drinks in one sitting.
On October 9, Brown was discovered unconscious on the sidewalk and was declared dead there.
“Panera offers its sincere condolences to Mr. Brown’s family. We think that none of the company’s products contributed to his tragic death, according to our investigation,” a Panera Bread representative told ABC News. “We believe there is no merit to this lawsuit, which was filed by the same legal firm as the prior claim. Panera is adamant about the security of its goods.”
The FDA expressed its sorrow over the loss of a customer and stated in a written statement to WSB in Atlanta that it “takes seriously, as always, reports of illnesses or injuries from regulated products.”
It further stated that it “generally is silent on possible, pending or ongoing litigation” yet “monitors the marketplace of FDA-regulated products & takes action as appropriate, particularly collaborating with the Federal Trade Commission concerning marketing claims.”