Dennis Brown, 46, drank three of the highly caffeinated beverages before suffering a cardiac arrest in October, according to the suit.

Panera Bread’s highly caffeinated Charged Lemonade is now blamed for a second death, according to a lawsuit filed Monday.

Dennis Brown, of Fleming Island, Florida, drank three Charged Lemonades from a local Panera on Oct. 9 and then suffered a fatal cardiac arrest on his way home, the suit says.

Brown, 46, had an unspecified chromosomal deficiency disorder, a developmental delay and a mild intellectual disability. He lived independently, frequently stopping at Panera after his shifts at a supermarket, the legal complaint says. Because he had high blood pressure, he did not consume energy drinks, it adds.

  • Showroom7561@lemmy.ca
    126·
    11 months ago

    Again, I’m simply playing devil’s advocate here, and I’m not taking one side over the other… I’m just exploring the evidence presented.

    They are selling a drink where one serving contains 97.5% of the recommended maximum daily dosage of a stimulating substance.

    To clarify, they sell this drink in two sizes. One has around the same amount of caffeine as a tall coffee at Starbucks, the other (852ml size) has under 400mg.

    The FDA says that most people should have no more than 400mg (assuming they are 175lbs), but that’s only because it produces unwanted side effects and/or can have long term health effects at that dose.

    The actual lethal limit is something like 10,000mg.

    The issue is that he had multiple health conditions, which would be exacerbated by both caffeine AND sugar, but not if he consumed reasonable quantities. This is why he was able to have the same drink many times in the past without incident.

    A borderline drink like this, should be locked away in a liquor cabinet or only be dispensed by a licensed bartender. When selling the drink, the cashier/bartender should then also warn customers of the danger of the contents and that they should not drink it if they have already consumed caffeine that day, nor should they consume any other caffeine during the rest of the day.

    While I agree that energy drinks shouldn’t be sold to minors, since they are at a higher risk of harm and likely don’t have the brains to understand those risks, what you describe goes way beyond the responsibility of a restaurant.

    Would you expect a coffee shop to do the same? Literally ask questions they have no business asking, any time someone orders a caffeinated beverage or shock a tray of them?

    The drinks at Panera are self-serve, btw.

    We all constantly buy and consume stuff without fully understanding what’s in it. When buying stuff in the store, I only check the sugar contents in the detailed ingredient list. When buying stuff in a takeaway, I check nothing. I’m certainly not going to sleuth on the internet to find the max dosages of each ingredient. If a drink is put out in the open like this, then I assume that it’s safe.

    To reiterate: IT IS SAFE. People with health conditions or taking meds needs to be acutely aware of what they should and should not consume, especially if they plan to consume it in larger quantities that’s considered beyond normal.

    And you also point out another problem: people assume that the food they consume is “safe”, but ignore any health problems they might have which could make any food unsafe.

    High blood pressure, a heart condition, gluten intolerance, food allergy, food interaction with meds, etc… anyone with any of those conditions should be hyper-aware of what goes into their body. If they ignore their limits, problems happen.

    If you do have to avoid a certain food, ingredient, or nutrition, it’s always best to ask to find out before consuming it. Or avoid it if you’re unsure.

    Tbh, I’m absolutely disgusted by the victim blaming in this case. It’s not that man’s fault that he was not smart and him not being smart, definitely does not make this death acceptable.

    I agree, it’s a tragedy. But I don’t think Panera Bread can be blamed in this case.