Keeping in mind that till recently it was common for the lemonade to be available where people could get their own refills. Also containing guarana, not as many people (including myself) would immediately recognize it as a simulant or have some kind of reference to their personal tolerance for intake.

“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.

The lawsuit was filed on behalf of Brown’s mother, sister and brother less than two months after Panera was hit with a separate lawsuit regarding Sarah Katz, an Ivy League student with a heart condition who died in September 2022 after she drank a Charged Lemonade. That lawsuit, first reported by NBC News, called the beverage a “dangerous energy drink” and argued that Panera failed to appropriately warn consumers about its ingredients, which include the stimulant guarana extract.

Panera has advertised its Charged Lemonade as “Plant-based and Clean with as much caffeine as our Dark Roast coffee.” At 390 milligrams of caffeine, a large, 30-fluid-ounce Charged Lemonade has more caffeine in total than any size of Panera’s dark roast coffee, the legal complaints say. The large cup contains more than the caffeine content of standard cans of Red Bull and Monster energy drinks combined, plus the equivalent of nearly 30 teaspoons of sugar, the complaints say.”