Lawsuit Blames Panera Bread’s Highly Caffeinated 'Charged Lemonade' for Another Death

Panera Bread has been slapped with a second lawsuit in less than two months stemming from customers who have died after drinking the chain's Charged Lemonade. A large, 30-fluid-ounce size of the soft drink contains 390 milligrams of caffeine, which is more caffeine found in standard cans of Red Bull and Monster energy drinks combined, along with nearly 30 teaspoons of sugar.

The recent lawsuit claims that Dennis Brown, a developmentally disabled 46-year-old from Fleming Island, FL, suffered a fatal cardiac arrest drinking after three Charged Lemonades from a local Panera on Oct. 9. Brown lived independently and often would stop at Panera after his shifts at a supermarket. But due to of his high blood pressure, he did not usually consume energy drinks.

According to the wrongful death suit, it's unclear whether Brown knew how much caffeine and other stimulants were in the drink.

After the first lawsuit, following the death of 21-year-old University of Pennsylvania student Sarah Katz, Panera added disclosures in all of its restaurants and on its website about the caffeine content in the Charged Lemonade. The chain now warns customers to consume the drink in moderation and that it is not recommended for children, people sensitive to caffeine, or pregnant or nursing women.

Katz, who had a heart condition called long QT syndrome type 1 and also avoided energy drinks per her doctor's recommendation, went into cardiac arrest hours after purchasing a Charged Lemonade from a Panera Bread restaurant in Philadelphia on Sept. 10, 2022.

However, at the time of Brown's death, the beverage was still available in self-serve dispensers and "offered side-by-side with all of the store’s non-caffeinated and/or less caffeinated drinks," the lawsuit states.

Elizabeth Crawford, a partner at the Philadelphia-based law firm Kline & Specter, PC, who is representing both families, told NBC News that Brown’s cause of death was cardiac arrest due to hypertensive disease. She said that Brown's relatives filed the lawsuit to potentially warn others about the dangers of the drink.

“This is a vulnerable population that I think the community at large should help protect. And I feel like Panera failed to do that for Dennis," Crawford said. "Dennis’ family, just like the Katz family, hopes that this message gets out to prevent this from happening to another Dennis."

But while Panera has expressed "deep sympathy for Mr. Brown’s family," the company is standing by the safety of the Charged Lemonade.

“Based on our investigation we believe his unfortunate passing was not caused by one of the company’s products," Panera said in a statement. "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."