Panera's Legal Battle Over Caffeinated Lemonade
Dennis Brown, a 46-year-old man with a chromosomal disorder, ADHD, and high blood pressure, avoided energy drinks. As reported in a recently filed wrongful death lawsuit, Brown was a loyal Panera customer who began ordering a free "Lemonade With a Charge" regularly at the end of September.
On October 9, Brown, who has mild intellectual disabilities, blurred vision, and developmental delays, but lives independently, ordered an "Energized Lemonade" which he was likely consumed in approximately 1.5 hours. The lawsuit claims that the beverage was refilled twice with water. Brown suffered a heart attack on his way home and was pronounced dead upon arriving at the emergency scene.
Similar to a January lawsuit filed on behalf of Sarah Katz, a 21-year-old woman who died after consuming Limonade from Panera, the new lawsuit alleges that Katz was diagnosed with Long-QT Syndrome at five years old, which was treated with medication and limited caffeine intake.
In a statement regarding the most recent lawsuit, Panera expressed its sympathy to Brown's family, and after investigating, the company claimed that Brown's tragic death was not caused by any harmful effects of the product.
Panera also asserted that the lawsuit was filed by the same law firm responsible for the previous cases and reiterated its vigorous defense of its product safety. Kline & Spectre represent both parties in this case.
Brown's attorneys argued that the drink had an excess of caffeine and sugar per serving, making it an energy drink subject to labeling regulations. The self-serve beverages were not explicitly identified as energy drinks and were often sold alongside decaffeinated or decaffeinated versions, the lawsuit states.
The lawsuit points out that "Panera Homemade Lemonade is marketed as a fruit juice drink suitable for both children and adults," but the promotion is particularly risky for vulnerable populations, children, and adults with specific health issues, as the product's caffeine content is not subject to stringent control since it's mixed by employees at the store.
Katz's parents, in their lawsuit against Panera, claimed that their daughter may have mistakenly believed that the caffeinated drink was regular lemonade.
Earlier Legal Claim
According to an earlier lawsuit, Katz experienced a heart attack and was taken to the hospital where she suffered another heart attack. "We will promptly and thoroughly investigate this matter," said Panera in a statement at the time, although the case remains open.
The Panera website indicates that the self-serve beverages contain 150 to 158 milligrams of caffeine per 20-ounce portion, which is less than a 20-ounce dark roast coffee served at Panera with approximately 268 milligrams of caffeine. An online description advised consumers to use the drink in moderation and warned that it is not recommended for children, individuals with caffeine sensitivity, pregnant or nursing women.
In the current lawsuit, it is claimed that every 20-ounce serving of Toll Lemonade contains approximately 260 milligrams of caffeine.
According to the FDA, "healthy adults" should be able to safely consume about 400 milligrams of caffeine daily.
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Enrichment: The ongoing legal battle involving Panera's lemonade and allegations of caffeine-related health issues has highlighted some important considerations.
- Caffeine Content: Panera's Charged Lemonade contains high levels of caffeine, with 260 milligrams in a 20-ounce serving and 390 milligrams in a 30-ounce serving without ice, while a 20-ounce serving of dark roast coffee from Panera contains approximately 268 milligrams of caffeine.
- Health Risks: High caffeine consumption has been linked to serious health issues, including cardiac arrest and long-term heart problems. The lawsuits cite significant health issues or fatalities following the consumption of the Charged Lemonade.
- Misleading Labeling: Plaintiffs argue that Panera's labeling is misleading, as the Charged Lemonade is often listed alongside decreaffeinated or less-caffeinated drinks, causing consumers to underestimate the true caffeine content.
- Negligence Claims: Plaintiffs assert that Panera was negligent for failing to warn consumers of the high caffeine content, particularly for vulnerable populations with pre-existing health conditions.
The lawsuits demand that Panera pay for damages, change its labeling, and either reduce the caffeine content or clearly indicate that the drink contains high levels of caffeine. The Killens and Spectres law firm, which defended Brown's family, has previously settled other cases involving allegations of Panera's caffeinated lemonade.
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