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- A man died in October after drinking three cups of Panera Bread's Charged Lemonade, according to a lawsuit.
- The drink has a high caffeine content and his family alleged this wasn't clearly labeled.
- Last year, a 21-year-old student with a heart condition died after drinking the beverage.
Panera Bread has been hit with a second wrongful death lawsuit related to its caffeinated "charged" lemonade.
A 46-year-old man living in Fleming Island, Florida, just south of Jacksonville, died on his way home in October after drinking three cups of Panera Charged Lemonade, according to the lawsuit, filed by his mother, sister, and brother on Monday in the Delaware Superior Court.
The man, Dennis Brown, had high blood pressure, a chromosomal deficiency disorder, developmental delay, and ADHD, and didn't consume energy drinks or coffee. Instead he stuck to water, root beer, iced tea, and lemonade, per the lawsuit.
Brown was a "loyal" Panera Bread customer and typically visited his local store up to three times a week for food after work, his family wrote in the lawsuit.
On October 9, Brown visited the store after work and bought a Panera Charged Lemonade in Mango Yuzu Citrus flavor, according to the lawsuit. He's believed to have spent around 90 minutes in the restaurant and have drunk three cups of the lemonade in total.
Brown had a cardiac arrest walking home from the store, was found unresponsive on the sidewalk, and was pronounced dead at the scene.
"Based on our investigation we believe his unfortunate passing was not caused by one of the company's products," Panera said in a media statement, per Nation's Restaurant 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."
As of October, a large 30-fluid-ounce portion of either flavor of the charged lemonade Panera offered – Mango Yuzu Citrus and Strawberry Lemon Mint – contained around 390 milligrams of caffeine. The chain appears to have reformulated the beverages to reduce their caffeine content – the former now contains 235 milligrams of caffeine and the latter has 237 milligrams.
Both contain large quantities of sugar, with 74 grams in a large cup of the Mango Yuzu Citrus flavor and 50 grams for the Strawberry Lemon Mint flavor. Panera also sells a Blood Orange Charged Splash, which is sugar-free but caffeinated. The drinks are also available in 20-fluid-ounce portions.
The US Food and Drug Administration cites 400 milligrams of caffeine a day as a generally safe limit for a healthy adult, but notes that it can vary widely. A 8.4-fluid-ounce skinny can of Red Bull contains 80 milligrams of caffeine. At Panera Bread, a 20-fluid-ounce latte or cappuccino has 145 milligrams of caffeine and each additional shot of espresso adds an extra 73 milligrams.
The sandwich chain says on its website that customers should drink the charged beverages "in moderation" and says they're not recommended for children, people sensitive to caffeine, and pregnant and nursing women.
But the lawsuit from Brown's relatives claims that the charged lemonade wasn't displayed with any warnings to customers at the Fleming Island store and is typically presented alongside non-caffeinated drinks.
"Accordingly, Dennis consumed the Panera Charged Lemonade, reasonably confident it was a traditional lemonade containing a reasonable amount of caffeine safe for him to drink," the lawsuit says.
The lawsuit from Brown's family follows a similar one filed by the parents of University of Pennsylvania student Sarah Katz in October. Katz, who had lived with a heart condition since the age of five and stayed away from energy drinks, died aged 21 last September after drinking charged lemonade.
Some social-media users have likened the charged lemonades to "crack in a cup," saying that Panera's free refill policy means customers could consume huge amounts of caffeine in one sitting.