Panera is facing a second lawsuit for selling a “misleading” and “dangerous” drink.
After drinking three servings of Panera’s “charged lemonade” on Oct. 9, Dennis Brown, 46, was headed home from the restaurant when he collapsed on the street, suffering from “a cardiac event.”
The lawsuit, dated Dec. 4, describes, “After being found unresponsive on the sidewalk at approximately 5:45 p.m., Dennis was pronounced dead at the scene.”
The first lawsuit was filed by then-21-year-old Sarah Katz’s family earlier this year in October. On the day of her death, Katz drank a large “charged lemonade” and went into cardiac arrest several hours later at a friend’s birthday dinner, per the Deseret News.
One large Panera charged lemonade contains 390 milligrams of caffeine, amounting to over three 12-ounce cans of Red Bull, according to the reports. In addition to 390 milligrams of caffeine, the drink’s sugar content ranges from 20.5 teaspoons to 29.75 teaspoons, per the lawsuit.
A death certificate from the law firm Kline & Specter, PC, shows Brown’s “cause of death was cardiac arrest due to hypertensive disease,” NBC reported.
Brown lived with “a chromosomal deficiency disorder, developmental delay, and ADHD” but lived independently and was “gainfully employed,” the lawsuit describes. It adds that Brown “had high blood pressure and did not consume energy drinks.”
In an interview with NBC, Elizabeth Crawford, attorney for Brown’s family, said, “I think the general public believes Panera to be a healthy fast food alternative. So it is completely reasonable for someone like Dennis Brown to rely on the fact that this lemonade was safe for consumption and safe for consumption in refills, just because they encouraged it with their unlimited sip club.”
The Panera Charged Lemonade was in the lobby, allowing customers to self-refill their drinks. The lawsuit asserts it “is an unregulated beverage” that doesn’t provide adequate warning of its potentially “life-threatening effects.”
Brown ordered “charged lemonade” on Sept. 28, Oct. 2, Oct. 4, Oct. 5, Oct. 7 and for the final time on Oct. 9.
A Panera Bread spokesperson told ABC, “Panera expresses our deep sympathy for Mr. Brown’s family. Based on our investigation, we believe his unfortunate passing was not caused by one of the company’s products.”
The spokesperson added, “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.”
In a statement to WSB-TV’s Michele Newell, the Food and Drug Administration said it was “saddened to hear of the passing of a consumer and as always, takes seriously reports of illnesses or injury from regulated products.”
“While the FDA generally does not comment on possible, pending or ongoing litigation,” the FDA continued, “the agency monitors the marketplace of FDA-regulated products and takes action as appropriate, including collaborating with the Federal Trade Commission regarding marketing claims,” according to WSB-TV.