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Caffeine in Panera's Charged Lemonade blamed for 'permanent' heart problems in third lawsuit
View Date:2024-12-23 18:19:32
Panera Bread is yet again facing legal action based on its highly caffeinated Charged Lemonade drinks.
For the third time since October, a lawsuit has been filed alleging the lemonade drinks caused serious harm to a customer's health, this time on behalf of a woman who says she is now stuck with "permanent" heart issues.
Two prior suits, one filed in October and one in December, blamed the Charged Lemonade drinks for the deaths of two people, a 21-year-old college student and a 46-year-old Florida man. While Panera has denied culpability in both cases and has since added warning labels to its menu, this is the third such incident in which a consumer claims to have been unaware of the contents of the drinks, which are advertised as "clean" "plant-based" and "naturally flavored."
The new lawsuit alleges that an otherwise healthy 28-year-old woman is now hindered by a serious heart condition, with symptoms she only began to experience after drinking a little over two of the caffeine drinks.
Third Panera Charged Lemonade lawsuit
The latest lawsuit, filed in Delaware on Tuesday, alleges that 28-year-old Lauren Skerritt of Rhode Island has suffered long-term and permanent cardiac issues as a result of consuming the Charged Lemonade.
Prior to drinking two-and-a-half Charged Lemonades at a Greenville, Rhode Island location on April 8, 2023, Skerritt was an athlete who "worked out regularly," said the suit, going to the gym multiple times a week, playing soccer and doing obstacle courses. She also was not known to have underlying health issues.
As with a prior case, Skerritt, who is an occupational therapist and vegetarian, alleges she ordered the drink because it was advertised as being "clean" and "plant-based." After getting halfway through the second lemonade, however, she claims to have experienced dizziness and heart palpitations.
Having not had these symptoms before, she went to the emergency room the following day, where she was treated for atrial fibrillation, an irregular heartbeat that can lead to blood clots, stroke, heart failure and other heart-related complications, according to the American Heart Association.
The issues have persisted, the lawsuit alleges, and Skerritt is now on medication to help control her recurring bouts of rapid heartbeat, shortness of breath, brain fog, body shakes, weakness, and a tremor in one hand.
The lawsuit claims Skerritt's ability to work, exercise and socialize has been greatly impacted, and the health issues have even put a stop to her plan of starting a family with her husband.
Panera did not respond to requests for comment. In a past statement, it called a similar lawsuit meritless and said the company "stands firmly by the safety of our products."
Two deaths blamed on Panera's Charged Lemonade drinks
The first lawsuit alleging that a Charged Lemonade drink had caused death was filed last year by the family of Sarah Katz, a 21-year-old University of Pennsylvania student who died in 2022 due to cardiac arrest.
The lawsuit alleges that the highly caffeinated Charged Lemonade drinks were labeled improperly and advertised as "clean" drinks with the same amount of caffeine as a dark roast coffee. Katz, who had a heart condition called long QT syndrome type 1, avoided energy and highly caffeinated drinks because of her condition.
According to her family, Katz drank the charged beverage "reasonably confident it was a traditional lemonade and/or electrolyte sports drink containing a reasonable amount of caffeine safe for her to drink," and suffered the cardiac event as a result.
The second suit, filed in December, blamed the drinks for the death of 46-year-old Dennis Brown of Fleming Island, Florida, who also suffered a cardiac arrest after consuming three of the drinks.
According to the suit, Brown generally avoided drinking significant amounts of caffeine and did not consume energy drinks as a rule, thanks to his diagnosis of high blood pressure. Brown, who was known to frequently stop by the Panera Bread after his shifts at a supermarket, was also diagnosed with an unspecified chromosomal disorder, developmental delay, and intellectual disability, said the lawsuit.
Brown's family alleged that he did not know how much caffeine was in the drink, which is also part of Panera's "Unlimited Sip Club," a membership that allows patrons who pay a subscription fee to refill drinks at no cost.
In a statement to USA TODAY, Panera Bread denied any wrongdoing, saying; "Panera expresses our deep sympathy for Mr. Brown's family," but that, based on its investigation, the company believes "his unfortunate passing was not caused by one of the company's products."
How much caffeine is in a Panera Charged Lemonade?
Panera changed labels on the product after the first suit was filed, saying in a statement the company had "enhanced our existing caffeine disclosure for these beverages" out of "an abundance of caution," adding that the company was "saddened to learn this week about the tragic passing of Sarah Katz."
The chain's website advertises the "charged sips" in three different flavors, each of which leads to an image of the lemonade overlayed with a large "contains caffeine" sign at the bottom. The "about" section again says the drinks are, "Naturally flavored, plant-based, with about as much CAFFEINE as our Dark Roast Coffee," followed by an additional warning that says: "Use in moderation. NOT RECOMMENDED FOR children, people sensitive to caffeine, pregnant or nursing women."
While ad material for the lemonades still compares the caffeine content to that of the brand's coffee, the nutrition information lists the "regular" lemonade size as having 260 milligrams of caffeine and the "large" as having 390 mg. The Katz lawsuit compared this to the listed 214 mg in the regular-sized dark roast coffee and 268 mg in the large, noting the difference.
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