Panera is facing another lawsuit after a customer's death was allegedly caused by consuming the chain's caffeinated lemonade.
The lawsuit, filed by the family of Dennis Brown, claims that the 46-year-old man with chromosomal deficiency disorder, ADHD, and high blood pressure died after regularly ordering the "charged lemonade" from Panera since late September, as per CNN News.
Second Wrongful Death Lawsuit Over Panera's Lemonade
NOVATO, CALIFORNIA - NOVEMBER 01: In this photo illustration, a Panera Bread mango yuzu citrus charged lemonade is displayed at a Panera Bread restaurant on November 01, 2023 in Novato, California. Missouri based Panera Bread announced plans to lay off 17 percent of its 1800 corporate staff as the company streamlines its operations ahead of an initial public offering.
According to the lawsuit, Mr. Brown, who had developmental disabilities and high blood pressure, had been consistently ordering the drinks for three weeks before his death. This incident comes weeks after the family of 21-year-old Sarah Katz claimed that she died after consuming a large Charged Lemonade last year. Ms. Katz had an underlying heart condition.
The lawsuit argues that Panera should classify the drink as an energy drink and provide warnings about its caffeine content. Attorney Elizabeth Crawford, representing Mr. Brown's family, stated that her client believed the drink had no caffeine. In reality, a 30-ounce large size contains 390 milligrams of caffeine, nearly the entire daily limit recommended by the Food and Drug Administration (FDA).
The lawsuit further claims that Panera's Charged Lemonade is defective in design and should be considered a dangerous drink. The lemonade was not advertised as an energy drink, and there were no high caffeine warnings provided to customers. The family believes that the beverage's association with Panera as a healthier alternative and its labeling as lemonade misled consumers.
Notably, Mr. Brown had a habit of ordering three drinks in a row and consumed three charged lemonades with his dinner on the day of his death. The specific size of the drink he ordered is not specified in the lawsuit. It is mentioned that he ordered the drink on several occasions in late September and early October, according to Daily Mail.
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Panera Denies Liability in Second Wrongful Death Lawsuit
Panera responded to Mr. Brown's death by expressing sympathy for his family and asserting that their products were not the cause of his passing. The company labeled the lawsuit as without merit, similar to the previous claim filed by the same law firm regarding Ms. Katz's death.
Following the first lawsuit, Panera changed the labels on its Charged Lemonade product, enhancing the disclosure of caffeine content. The company stated that this change was made out of caution. Despite these changes, Panera remains firm in its belief in the safety of its products.
The lawsuit, brought by the law firm Kline & Specter, PC, also representing the family in the case of Sarah Katz, alleges that Mr. Brown was unaware of the drink's caffeine content and had been consuming it consistently in the days leading up to his death. It's important to note that Panera's Charged Lemonade is included in the "Unlimited Sip Club," allowing members to refill drinks without an additional cost.
As this legal battle unfolds, the incident raises concerns about the labeling and advertising practices of Panera's Charged Lemonade. The lawsuit argues for a clearer classification of the product as an energy drink and the provision of proper warnings regarding its high caffeine content, USA Today reported.
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