A second death has been linked to Panera’s “charged lemonade” drinks, according to a lawsuit cited by NBC News.
Dennis Brown of Florida, drank three of the beverages Oct. 9 and suffered from fatal cardiac arrest on his way home. That month, another lawsuit was filed that alleged that Sarah Katz, a college student with a heart condition, died after drinking just one of the Panera “charged lemonade” drinks last year.
At that time, Audacy reported that a spokesperson for Panera Bread said all restaurants around the country would begin displaying disclosures about the caffeine levels in the drink. According to Panera, the beverages are “self-serve upon pickup.”
Previous reports said a large version of the drink contained 390 milligrams of caffeine, just 10 milligrams shy of the Food and Drug Administration daily recommended maximum amount. As of Dec. 5, the Panera website said large versions (30 fluid ounces) of strawberry lemon mint and mango yuzu citrus “charged lemonade” had 237 milligrams of caffeine.
To compare, a 12 ounce can of Coca-Cola has 34 milligrams of caffeine and the Prime energy drink lawmakers recently raised concerns about has 200 milligrams per 12 ounce can. A small Starbucks dark roast coffee has around 193 milligrams of caffeine.
“I’m not saying you can’t ever drink an energy drink,” said registered dietitian Amy Goodson, who joined Audacy’s “Something Offbeat” podcast to discuss our national obsession with caffeine. “My problem is when you drink one and you stop at the gas station and get another one, and then two hours later you get another one and then you have to go sit in a meeting after your long road trip and you get another one.”
Following the lawsuit linking Panera’s “charged lemonade” with Katz’s death, the U.S. Food and Drug Administration said it would investigate the death. Like Katz, Brown had a medical condition that made consuming caffeine dangerous.
“Brown, 46, had an unspecified chromosomal deficiency disorder, a developmental delay and a mild intellectual disability,” said NBC News. “He lived independently, frequently stopping at Panera after his shifts at a supermarket, the legal complaint says. Because he had high blood pressure, he did not consume energy drinks.”
Both lawsuits claim that Panera failed to inform consumers about the caffeine content in the “charged lemonade” beverages. According to the lawsuit filed on behalf of Brown’s family.
Brown had consumed Charged Lemonades in the days leading up to his death, according to Monday’s wrongful death lawsuit, which was filed in Delaware, where Panera is incorporated.
It is unclear whether Brown knew how much caffeine and other stimulants were in the drink, which at the time of his death was available in self-serve dispensers and “offered side-by-side with all of the store’s non-caffeinated and/or less caffeinated drinks,” the suit says.
Panera said that it expressed “our deep sympathy for Mr. Brown’s family” but that it stood by its products, including the “charged lemonade.”
“Based on our investigation we believe his unfortunate passing was not caused by one of the company’s products,” it said in a statement cited by NBC News. “We view this lawsuit, which was filed by the same law firm as a previous claim, to be equally without merit. Panera stands firmly by the safety of our products.”