Third Lawsuit Filed Against Panera and Its “Charged Lemonade”

Panera Bread is facing multiple lawsuits that allege its Charged Lemonade contains high levels of caffeine and sugar, and has caused health defects and deaths.

The lawsuits allege that the drink’s caffeine content has caused cardiac arrests, and one lawsuit claims it has caused permanent heart issues. The lawsuits also claim that the drink’s high levels of caffeine and sugar are due to its in-house mix-ins and self-serve dispensers.

In related news, Panera has removed Charged Lemonade from its self-serve fountains in some locations. Per People, “The new policy makes it so that customers cannot serve themselves lemonade or get a refill, but instead must rely on an employee to do so.” This follows them adding signage to the Charged Lemonade dispensers reading, “Contains CAFFEINE – Consume in Moderation. NOT RECOMMENDED FOR children, people sensitive to caffeine, pregnant or nursing women.”

About the lawsuits

Dennis Brown, age 46, died on October 9, 2023 after consuming three cups of the Charged Lemonade, which contains up to 390 milligrams of caffeine per 30 ounces. This is four times the amount found in a cup of coffee. Brown’s family is suing the restaurant chain, alleging their Charged Lemonade is “dangerous.” Brown’s cause of death was cardiac arrest due to hypertensive disease. People reports:

Per the lawsuit, Brown went to Panera for meals after his shifts up to three times a week. On Oct. 9, during his 90 minutes at Panera, Brown allegedly ate his meal and drank three cups of Charged Lemonade, “reasonably confident it was a traditional lemonade containing a reasonable amount of caffeine safe for him to drink.”

While walking home from the restaurant, Brown suffered a cardiac arrest and was found unresponsive on the sidewalk before being pronounced dead at the scene per the suit.

Sarah Katz, age 21, died on September 2, 2022, after buying a Charged Lemonade from a Panera in Philadelphia and going into cardiac arrest. Katz had a heart condition called long QT syndrome type 1 and avoided energy drinks due to doctor’s orders. “She was very, very vigilant about what she needed to do to keep herself safe,” said Katz’s close friend Victoria Rose Conroy. “I guarantee if Sarah had known how much caffeine this was, she never would have touched it with a 10-foot pole.”

Lauren Skerritt is 27 years old and was previously healthy, playing soccer, surfing, and going to the gym. However, after consuming two and a half cups of Charged Lemonade:

Skerritt began having heart palpitations. She went to the hospital, where she ended up in critical care with atrial fibrillation, her heart beating irregularly.

Now, Skerritt has lasting heart problems that have left her on daily medication and derailed her life, she and her husband alleged in the lawsuit against Panera Bread, filed in Delaware on Tuesday [January 16].

 Skerritt alleges she did not know how much caffeine she was ingesting when ordering the Lemonade, and has no previous health conditions. Says Skerritt’s attorney, “Their entire marriage, their plans, everything has been altered because she no longer can do the types of physical activity that they used to do before. That’s creating an entirely new normal for what they thought was going to be their life.”

About Panera’s Charged Lemonade

According to court documents, Charged Lemonade is “offered side-by-side with all of Panera’s non-caffeinated and/or less caffeinated drinks,” advertised as a “plant-based and clean beverage” that has as much caffeine as Panera’s dark roast coffee.

However, NBC News reports that:

But at 390 milligrams, the large Charged Lemonade has more caffeine than any size of Panera’s dark roast coffee, the complaint says — numbers that the nutrition facts on Panera’s website confirm. It also has guarana extract, another stimulant, as well as the equivalent of nearly 30 teaspoons of sugar, the complaint continues, adding that 390 milligrams of caffeine is higher than the caffeine content of standard cans of Red Bull and Monster energy drinks combined. Katz had gotten the large cup, which is 30 fluid ounces, according to the attorney representing her family.

Panera has not responded to the new allegations but released a statement last December about the other two lawsuits via a spokesperson saying, “We view this lawsuit, which was filed by the same law firm as the previous claim, to be equally without merit. Panera stands firmly by the safety of our products.”

The US Food & Drug Administration (FDA) notes that “caffeine can be part of a healthy diet for most people, but too much caffeine may pose a danger to your health.” For reference:

• 12-ounce soft drink – contains 30 to 40 milligrams of caffeine
• 8-ounce green or black tea – contains 30 to 50 milligrams
• 8-ounce cup of coffee – contains 80 to 100 milligrams
• Energy drinks – ranging from 40 to 250 milligrams per 8 fluid ounces
• Panera Charged Lemonade – contains 390 milligrams

The FDA also points out that 400 milligrams a day is not associated with dangerous or negative effects. They also state, “However, there is wide variation in both how sensitive people are to the effects of caffeine and how fast they metabolize it (break it down). Certain conditions tend to make people more sensitive to caffeine’s effects, as can some medications.”

What are the signs of too much caffeine?

Overconsumption of caffeine can lead to a wide variety of symptoms, including:

• Insomnia
• Jitters
• Anxiousness
• Increased heart rate
• Upset stomach/nausea
• Headache
• Feelings of unhappiness (dysphoria)

The FDA “estimates toxic effects, like seizures, can be observed with rapid consumption of around 1,200 milligrams of caffeine, or 0.15 tablespoons of pure caffeine.”

If you’ve been injured by a defective product, it is important to talk to our Phoenix product liability lawyers as soon as possible.

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