FLEMING ISLAND, Fla. — Facing two wrongful death lawsuits, Panera Bread announced it will discontinue its Charged Lemonade drink.
One of those lawsuits stems from a death in Fleming Island, where a man went into cardiac arrest after consuming three of the caffeinated drinks.
Panera may be doing away with the drink, but that doesn’t mean Dennis Brown’s family is doing away with the lawsuit.
“It’s an incredibly sad story," said Liz Crawford, an attorney representing the Brown family. "Sounds like he was a great brother, great son, and overall great person.”
Dennis Brown died in October after his family says he consumed 3 large charged lemonades and went into cadiac arrest.
“He enjoyed drinking the lemonade from Panera Bread, not knowing it was a highly caffeinated energy drink," said Crawford.
Brown’s family is suing Panera Bread over his death. They say the 46-year-old had high blood pressure, so he didn’t consume energy drinks.
The family is arguing the charged lemonade was not advertised as an “energy drink” and there were no warnings to consumers.
“One of the objectives in terms of them filing this lawsuit was to make the public aware and to ensure this doesn’t happen to someone else," said Crawford. "That objective is being achieved starting now.”
After Brown’s death, Panera moved the drinks behind the counter and posted a warning on its online menu saying the drinks have up to 302 milligrams of caffeine.
Seven months since his death, Panera is doing away with the drink altogether, saying in part in a statement they are: “focusing next on the broad array of beverages we know our guests desire – ranging from exciting, on-trend flavors, to low sugar and low-caffeine options.”
Crawford says the Brown family still intends to move forward with the lawsuit.
“All those things aren’t going to bring back Dennis," said Crawford. "There has to be some level of corporate accountability. Without that, how do we make sure this doesn’t happen again?"
Panera did not provide a final date when the lemonades will no longer be available.
The Brown’s lawsuit is heading to trial, with the date set for November 2025.
The Brown family issued the following statement on the news the drink is getting shelved:
"We filed these lawsuits not only to obtain justice for our clients and their families, but to inform the public about Panera's dangerous energy drink. While Panera's post-suit disclosures were a step in the right direction, we strongly support Panera’s most recent decision to remove Charged Lemonade from its menu entirely; a decision we know will save lives. Though Panera's decision to pull this product will not revive Sarah Katz or Dennis Brown, nor will it return Lauren Skerritt to her previous way of life— it will help prevent future tragedies."
Panera's full statement on discontinuing the drink:
“We are excited to continue the success of our recent menu transformation, which began with our core options of sandwiches and salads. We listened to more than 30,000 guests about what they wanted from Panera, and are focusing next on the broad array of beverages we know our guests desire – ranging from exciting, on-trend flavors, to low sugar and low-caffeine options. Our enhanced beverage portfolio, including new Blueberry Lavender Lemonade, Pomegranate Hibiscus Tea, Citrus Punch and a Tropical Green Smoothie will reinforce our mission of delivering what our guests want most – amazing taste, quality ingredients and value.”