(NewsNation) — An attorney representing the family of a man who allegedly died from consuming Panera Bread’s popular caffeinated “charged lemonade” told NewsNation the drink is no ordinary highly-caffeinated beverage.
“We have a situation here where we have a drink that has 390 milligrams of caffeine, it also has gharana. And what it is, is it contains as much caffeine as three Red Bulls,” said Elizabeth Crawford, a lawyer for the families of the deceased.
The family of a 46-year-old Florida man filed a wrongful death and negligence lawsuit against Panera, claiming the beverage contributed to his death.
David Brown had high blood pressure and didn’t drink energy drinks, but the lawsuit said he believed the Panera Charged Lemonade was safe since it was not advertised as an energy drink. It was offered in the same place as the restaurant chain’s non-caffeinated or less-caffeinated drinks, according to the lawsuit filed Monday in Superior Court in Delaware, where Panera Bread Company is registered.
“(The drink) is not marketed as such,” said Crawford. “It’s not even marketed and advertised as an energy drink in the store setting. So this is so different than the other caffeinated beverages that we see all around.”
The lawsuit states that on Oct. 9, Brown had the drink three times during a visit to the Panera Bread Company location in Fleming Island, Florida. On his walk home, he suffered cardiac arrest and died a short time later. He had ordered a Panera Charged Lemonade at least seven times over the course of two weeks in September and October, according to the lawsuit.
Another wrongful death lawsuit was filed in October by the family of 21-year-old Sarah Katz, a University of Pennsylvania student with a heart condition who died in September 2022 after consuming the drink, according to reports.
“We know that they would have not otherwise died and they not drank the lemonade,” said Crawford. “That’s what ultimately caused their death.”
Brown had a chromosomal deficiency disorder, developmental delays, some blurred vision and mild intellectual disability, according to the lawsuit.
Crawford doesn’t believe Brown or Katz’s medical issues were reasons for their untimely deaths.
“We have Miss Katz’s condition which was well managed with medication. She had long QT type one. And when it’s managed with medication, there’s virtually 0% chance of a of a sudden death, unless there’s something else going on here,” said Crawford. “The only thing that had changed in her entire life during this time period was drinking this beverage.”
“Mr. Brown, as well; he’s in the same kind of situation,” said Crawford. “He was otherwise healthy. He had some high blood pressure. He was going to the doctor, everything was normal. The only thing that had changed in his life was him consuming this beverage and he had three on the day that he died.”
A large, 30-ounce Charged Lemonade was listed as containing 390 milligrams of caffeine last month. Now, the quantities listed online are lower, maxing out at 237 milligrams. The company told ABC News it’s in the process of making the change.
NBC News reports that all Panera Bread restaurants are now displaying “enhanced” disclosures about the restaurant chain’s highly caffeinated lemonade.
The Food and Drug Administration recommends healthy adults consume no more than 400 milligrams of caffeine per day. That equals about six shots of espresso, four to five cups of coffee, or eight to nine cups of tea.
People with certain existing health conditions could suffer negative consequences of consuming caffeine even if they have less than 400 milligrams. People need to understand their personal limits, said Dr. Raja Mutharasan, the medical director of Northwestern Bluhm Cardiovascular Institute at Palos Hospital, in an interview with WGN Radio.
“People have to know what’s in the drink when they’re consuming it and know what’s a safe amount. For example, this Charged Lemonade that’s been in the news has actually less caffeine than a lot of large coffee cups that you might get at a local Starbucks or an Einstein Brothers,” Mutharasan said.
The Associated Press and NewsNation affiliate WGN Radio contributed to this report.