The family of a 46-year-old Florida man has filed a wrongful death lawsuit against Panera Bread Co., alleging that the man’s consumption of large quantities of the bakery chain’s caffeinated lemonade beverage led to his cardiac arrest.
The mother, sister and brother of the late Dennis Brown, a Fleming Island resident, filed the legal complaint Dec. 4 in Superior Court in Delaware, where Panera Bread is registered.
“Defendants knew or should have known that the defective and unreasonably dangerous design of Panera Charged Lemonade could cause catastrophic injuries, including … heart arrhythmias, cardiac arrest and/or death,” the lawsuit states.
The complaint describes Brown as a person living with chromosomal deficiency disorder and attention deficit / hyperactivity disorder. He had a mild intellectual disability, blurry vision and high blood pressure, according to the lawsuit, but he lived independently and was employed by a supermarket.
Brown frequently ate meals at Panera Bread, and on several days in late September and early October of this year, he ordered and consumed the lemonade drink, which the lawsuit describes as containing levels of caffeine and sugar akin to energy drinks. On Oct. 9, after consuming three Charged Lemonades, Brown left the restaurant to walk home but collapsed on a sidewalk and was later pronounced dead, according to the lawsuit.
A 30-ounce Charged Lemonade contains up to 390 milligrams of caffeine and up to 29.75 teaspoons of sugar, the complaint says.
“Defendants knew or should have known that the Panera Charged Lemonade, as designed and formulated, once consumed, could injure children, pregnant and breastfeeding women and people sensitive to caffeine by causing catastrophic injuries and/or death,” the lawsuit states.
A company statement emailed to the Florida Record, however, expressed confidence in the safety of Panera’s beverages.
"Panera expresses our deep sympathy for Mr. Brown's family,” the statement says. “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.”
The content of Panera beverages remains unchanged in the wake of the lawsuits. The lemonade beverage contains about 13 milligrams of caffeine per ounce, which is the same as Panera’s dark-roast coffee.
The lawsuit seeks damages for Brown’s injuries, including damages for pain and suffering, mental anguish and emotional distress, as well as pre- and post-judgment interest. It was filed by an attorney based in Wilmington, Del., Robert J. Leoni.
“(The) defendants engaged in negligent, reckless, intentional, fraudulent … and/or outrageous misconduct which caused, increased the risk of harm and/or was a substantial contributing cause of (the) plaintiffs’ and Dennis’ injuries and damages …” the lawsuit says.
The company’s Charged Lemonade should have included a warning detailing potential negative effects on consumers, according to the complaint.
“The Panera Charged Lemonade is an unregulated beverage which includes no warning of any potentially dangerous effects, even the life-threatening effects on blood pressure, heart rate and/or brain function,” the lawsuit says.
Panera Bread is headquartered in St. Louis, Mo., and operates cafes in 46 U.S. states and locations in Canada.