A second wrongful death lawsuit was filed on Monday in Delaware Supreme Court over Panera Bread’s caffeinated “Charged Lemonade.”
Florida man Dennis Brown, 46, went into cardiac arrest after allegedly sipping on the beverage while dining at the chain. He died while walking home, according to Fox Business.
Brown had been indulging in the drink for six days leading up to his death, per the lawsuit, as a member of Panera’s Unlimited Sip Club, which allows customers to enjoy unlimited drinks.
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Dispensers for Charged Lemondade, a caffeinated lemonade drink, at Panera Bread, Walnut Creek, California. Smith Collection/Gado | Getty Images
The lawsuit is the second wrongful death suit the chain has been hit with over its Charged Lemonade.
In October, a wrongful death suit was filed regarding the death of 21-year-old Sarah Katz, who allegedly died after drinking the beverage. Katz suffered from a heart condition and the suit alleges that she was unaware of the high caffeine levels in the drink.
Panera Bread released a statement in response to the latest lawsuit on Monday:
“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. 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.”
Panera’s mobile app now includes a warning: “Consume in moderation, not recommended for children, people sensitive to caffeine, pregnant or nursing women.”
Panera Bread’s website currently lists its Charged Lemonade, which comes in three flavors, as having 219 mg to 235 mg of caffeine for a 30oz beverage.
However, various previous reports including one from NBC News claim that the drink contains about 260 mg to 390 mg of caffeine, which is near the FDA’s 400-mg daily caffeine maximum intake.
This means 30 ounces of Charged Lemonade could contain more caffeine than both Red Bull and Monster energy drinks, which have 80 mg and 160 mg respectively.
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