Panera discontinues Charged Lemonade drink involved in several lawsuits

Update:

• Panera will stop serving its Charged Lemonade drink, which is the subject of two wrongful death lawsuits, Law360 reports.
• Panera says it will phase out the drink while adding new beverages to the menu, a company spokesperson tells Law360.
• Panera declined to say if the changes are related to the two lawsuits.
• Attorney Elizabeth A. Crawford of Kline & Specter PC, which represents both families in the wrongful death lawsuits, tells Law360 the decision “will save lives.”

Panera Charged Lemonade death lawsuit overview: 

• Who: David Brown and Denise Fuller filed a lawsuit against Panera Bread Co. and Panera Bread LLC individually and as co-personal representatives of the estate of Dennis Brown and Mary Brown. 
• Why: David Brown and Fuller claim Panera is responsible for the death of 46-year-old Dennis Brown, who died earlier this year after allegedly consuming Panera’s Charged Lemonade product. 
• Where: The lawsuit was filed in Delaware Superior Court. 

(Dec. 11, 2023)

Panera Bread has once again been accused of being responsible for the death of a customer who died allegedly after consuming the company’s Charged Lemonade product, less than two months after a similar complaint was filed in federal court. 

Plaintiffs David Brown and Denise Fuller claim 46-year-old Dennis Brown died after consuming Panera’s Charged Lemonade, a beverage they argue is unregulated and contains “no warning of any potentially dangerous effects.” 

“The Panera Charged Lemonade is an unregulated beverage which includes no warning of any risks of ingesting these concentrated amounts of caffeine in connection with the stimulants and sugar,” the Panera lawsuit states. 

The deceased man’s family argues Panera markets the product is “safe-for-all,” when, in reality, it allegedly contains more caffeine and “exorbitant amounts of sugar,” allegedly making it dangerous for children, pregnant women, and consumers with heart issues. 

Panera customer died after consuming Charged Lemonade drink believed was safe, lawsuit says

Dennis Brown, who allegedly had high blood pressure, attention-deficit/hyperactivity disorder (ADHD) and a chromosomal deficiency disorder, was found unresponsive on the sidewalk after walking home from Panera on Oct. 9 and pronounced dead at the scene, according to the Panera lawsuit. 

The family claims Dennis Brown ordered Panera’s Charged Lemonade on multiple occasions — including the day of his death — while being “reasonably confident” the drink was a “traditional lemonade containing a reasonable amount of caffeine safe for him to drink.” 

“Due to the unreasonably dangerous and defective design of Panera Charged Lemonade, as described throughout this Complaint, Dennis suffered a cardiac event which resulted in his death,” the Panera lawsuit states. 

The family claims Panera is guilty of negligence, fraud, wrongful death and breach of implied warranties of merchantability and fitness for a particular purpose. 

The plaintiffs are demanding a jury trial and requesting an award of special damages, general damages — including pain and suffering — and punitive damages. 

Panera requested the similar lawsuit filed against it be dismissed last month, arguing the family of a 21-year-old girl who died allegedly after drinking its Charged Lemonade failed to provide factual allegations linking the beverage to her death. 

Have you had adverse health effects after consuming Panera Bread’s Charged Lemonade beverage? Let us know in the comments.

The plaintiffs are represented by Elizabeth A. Crawford of Kline & Specter PC and Robert J. Leoni of Shelsby & Leoni.

The Panera Charged Lemonade death lawsuit is Brown, et al. v. Panera Bread Co., et al., Case No. N23C-12-001, in the Superior Court of the State of Delaware.

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