The family of Dennis Brown, a man who lived in Fleming Island, Florida, filed a wrongful death suit against the St. Louis-based fast-casual chain after Brown drank three servings of its "charged" lemonade and died of a heart attack.
Brown, 46, had chromosomal deficiency disorder and ADHD but lived independently from his family. He was "very habitual," according to the suit, and often went to Panera after his job at a Publix grocery store.
Because of his high blood pressure, Brown did not consume energy drinks, but he did drink (uncaffeinated) lemonade.
The suit alleges Brown ordered Panera's charged lemonade seven times between late September and his death on October 9 because Panera did not advertise the beverage as an energy drink. On his last day alive, Fuller ordered the charged lemonade and refilled it twice, according to the suit: "He had a habit of drinking three beverages in a row."
The caffeine content of Panera's charged lemonade ranges from 260 milligrams in a 20-fluid-ounce regular size to 390 milligrams in the large size, which is about 30 fluid ounces.
At 30 fluid ounces, one charged lemonade is equivalent to drinking about one and a third Red Bull or one Monster Energy drink. It has nearly twice the amount of caffeine as a small cup of Panera's dark roast coffee.
Yet, the lawsuit says, Panera advertises the lemonade as "plant-based and clean with as much caffeine as our dark roast coffee."
The suit also notes that Panera's coffee contains no sugar, while the "low end" of the charged lemonade's sugar content is equivalent to 20.5 teaspoons of sugar.
"Panera Charged Lemonade is defective in design because it is a dangerous drink," the suit states.
During Fuller's walk home from Panera on October 9, he collapsed on a sidewalk. He was found unresponsive about 30 minutes after he left Panera and was pronounced dead at the scene.
Brown's death comes months after the family of Ivy League student Sarah Katz sued Panera with almost identical arguments. Katz had a heart condition and also purchased the drink not knowing it contained caffeine. She was 21 and a student at the University of Pennsylvania.
Katz's suit also alleged Panera failed to warn consumers of the drink's caffeine and sugar content, calling it a "dangerous energy drink."
In a statement to NBC News, Panera stood by the safety of its beverage.
"Based on our investigation we believe [Brown's] unfortunate passing was not caused by one of the company's products," Panera stated. "We view this lawsuit, which was filed by the same firm as a previous claim, to be equally without merit. Panera stands firmly by the safety of our products."
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