Panera's Charged Lemonade linked to Florida man's death. What we know about the lawsuit

Panera Bread is at the center of another wrongful death lawsuit after the restaurant's controversial caffeinated lemonade drink was linked to Florida man's death in October.

According the lawsuit filed on Monday, Dec. 4, it claims that 46-year-old Dennis Brown of Fleming Island suffered a cardiac arrest on the way home from his local Panera.

The lawsuit was filed by Philadelphia-based law firm Kline & Specter, PC, which represents the family in the case of 21-year-old University of Pennsylvania student Sarah Katz, who also allegedly died after consuming a Charged Lemonade drink. The lemonades previously had anywhere from 260 milligrams to 390 milligrams of caffeine depending on the size.

Here's what to know about Brown's death and the controversy surrounding Panera's Charged Lemonades.

What does the lawsuit say about Dennis Brown's death?

Brown drank three Charged Lemonades from his local Panera on Oct. 9 and then suffered a fatal cardiac arrest on his way home, the lawsuit says. Brown's family claims he did not know the drinks contained caffeine and had been consuming them consistently in the six days leading up to his death.

According to the suit, Brown generally avoided drinking significant amounts of caffeine and did not consume energy drinks as a rule, thanks to his diagnosis of high blood pressure. He was diagnosed with an unspecified chromosomal disorder, developmental delay, and intellectual disability.

Brown was a member of Panera's "Unlimited Sip Club" and was known to frequently stop by the Panera Bread after his shifts at a supermarket.

What has Panera said about Brown's death?

In a statement to USA TODAY, Panera Bread denied any wrongdoing, saying; "Panera expresses our deep sympathy for Mr. Brown's family," but that, based on its investigation, the company believes "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," it continued.

What happened to Sarah Katz?

On Sept. 10, 2022, Katz died due to "cardiac arrest caused by the highly caffeinated drink and improper labeling," according to a lawsuit.

She had a heart condition called long QT syndrome type 1, which caused an irregular heart rhythm, so she avoided energy drinks. Katz drank the charged beverage "reasonably confident it was a traditional lemonade and/or electrolyte sports drink containing a reasonable amount of caffeine safe for her to drink," the lawsuit said.

Katz's family filed a lawsuit against the chain on Monday, Oct. 23.

How much caffeine is in Panera Charged Lemonade? How much sugar is in them?

Panera Bread is facing another lawsuit based around its highly caffeinated Charged Lemonade after a Florida man's death was linked to the drinks.
Panera Bread is facing another lawsuit based around its highly caffeinated Charged Lemonade after a Florida man's death was linked to the drinks.

The 30-ounce sized charged lemonade was previously listed on Panera's menu as containing 390 milligrams at time of the first lawsuit, according to Good Morning America. The menu now states the same drink contains 237 mg of caffeine.

The drinks' 20-ounce regular sizes also contain between 65 and 82 grams of sugar, while the 30-ounce large sizes have between 98 and 124 grams of sugar.

Is 390 mg of caffeine a lot? FDA answers

In an essay published in September, the U.S. Food and Drug Administration has cited 400 milligrams a day as an amount not generally associated with dangerous, negative effects for healthy adults. FDA states that 400 milligrams is equivalent to three or four cups of coffee.

The agency noted that there is a wide variation in both how sensitive people are to the effects of caffeine and how fast they metabolize it. Over-consuming caffeine can cause:

  • insomnia

  • jitters

  • anxiousness

  • fast heart rate

  • upset stomach

  • nausea

  • headache

  • a feeling of unhappiness (dysphoria)

What does Panera say about the caffeine in its Charged Lemonades?

The popular fast-casual chain issued warnings back October, after the first lawsuit was filed, and added signage on its menus for the highly caffeinated beverages.

USA Today explains that the chain's website advertises the "charged sips" under a section with a description reading, "Naturally flavored, plant-based, and Clean with about as much caffeine as our Dark Roast coffee."

When clicking one of the three available flavors, it leads users to a page with an image of the lemonade overlayed with a large "contains caffeine" sign at the bottom. The "about" section again says the drinks are, "Naturally flavored, plant-based, with about as much CAFFEINE as our Dark Roast Coffee."

Following this is an additional warning that reads: "Use in moderation. NOT RECOMMENDED FOR children, people sensitive to caffeine, pregnant or nursing women."

Contributing reporting: Mary Walrath-Holdridge, USA Today Network

This article originally appeared on Fort Myers News-Press: Panera's Charged Lemonade blamed for a second death, lawsuit claims