Panera Bread faces another legal problem, with a second wrongful death lawsuit being filed against their Charged Lemonade product. The lawsuit, filed in Superior Court in Delaware on behalf of Dennis Brown’s family, attributes his untimely death to the consumption of this beverage. Brown, a 46-year-old resident of Fleming Island, Florida, experienced a fatal cardiac arrest after drinking three Charged Lemonades on October 9. Despite his chromosomal deficiency disorder, developmental delay, ADHD, and high blood pressure, Brown had been living independently and working in a grocery store for nearly 17 years. Notably, he typically avoided energy drinks.
The controversy centers around the Charged Lemonade’s caffeine content. The drink, which is not marketed as an energy drink, was served alongside other less-caffeinated Panera beverages without clear warnings about its high caffeine and sugar levels. This lawsuit follows a similar case from October involving the death of 21-year-old college student Sarah Katz, who had a heart condition and died after consuming the same beverage. The Katz family’s lawsuit alleged that the Charged Lemonade contained more caffeine than Red Bull and Monster Energy Drink combined, yet lacked appropriate warnings.
Analysis of the beverage reveals significant caffeine and sugar content. A 30-ounce Mango Yuzu Citrus Charged Lemonade reportedly contains 390 milligrams of caffeine and 124 grams of sugar, according to the lawsuit and the company’s website. There is some discrepancy in these figures, with another Panera page citing 235 milligrams of caffeine and 74 grams of sugar for the same size. The difference is attributed to whether the drink is served with or without ice.
Following the initial lawsuit, Panera Bread has made notable changes, including reducing the caffeine content in Charged Lemonade, adding warnings, and moving the product behind the counter. Elizabeth Crawford, a partner at Kline & Specter involved in the legal actions, views these actions as acknowledgment of the product’s potential risks.
The Food and Drug Administration (FDA) recommends that a healthy adult should limit caffeine intake to 400 milligrams per day and sugars to less than 10% of total daily calories. In response to these incidents, the FDA has expressed concern and is actively monitoring the situation, although they generally refrain from commenting on ongoing litigation.
Panera Bread, however, disputes the connection between their product and the deaths. A spokesperson for the company expressed sympathy for Brown’s family but maintained that their investigation does not link his death to the Charged Lemonade. They view the lawsuit as baseless and stand by the safety of their products. Panera, owned by JAB Holding Co., operates over 2,000 locations across the U.S. and Canada.
The incidents involving Panera Bread’s Charged Lemonade highlight the critical issue of product liability, especially when it comes to consumables. Victims or their families who suffer harm due to potentially hazardous products have the right to pursue legal action. In such cases, filing a product liability lawsuit can seek damages for the harm caused. The legal process involves proving the product’s defect and its direct connection to the injury or death. This can be a complex and challenging journey, necessitating the expertise of an attorney.
A lawyer plays a vital role in navigating the legal system, gathering evidence, negotiating settlements, and representing the case in court. In a product liability lawsuit, victims may recover damages for medical costs, pain and suffering, and, in tragic cases, compensation for wrongful death.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
For those affected by the consumption of high-caffeine products like Charged Lemonade, seeking legal guidance is essential. Parker Waichman LLP, a national law firm specializing in product injury cases, offers free consultations for victims of such incidents. They can be reached at 1-800-YOUR-LAWYER (1-800-968-7529). If you or someone you know has been impacted by a similar situation, do not hesitate to contact experienced legal professionals for support and advice.
Regardless of your location or where your injury occurred, our nationwide personal injury law firm is ready to assist you.
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