House Bill No. 5261, as amended by House Amendment Schedules "B" and "D," is an act concerning the consumption of energy drinks by children. The bill defines "energy drink" as a soft drink containing not less than eighty milligrams of caffeine per nine fluid ounces, along with methylxanthines, B vitamins, herbal ingredients, or an "energy blend." The bill establishes a working group to study the medical risks associated with energy drink consumption by children and the anticipated effects of prohibiting the sale of energy drinks to children on public health and the state-wide sale of energy drinks. The working group is also tasked with making recommendations for a public awareness campaign, including a video for television and social media, signage at the point of sale in retail establishments, and a one-page document explaining the risks. The working group will include members from various relevant sectors, including health, marketing, and retail, and is required to submit a report by November 1, 2024.

The bill also mandates that by December 1, 2024, the Department of Consumer Protection must develop signage alerting consumers to the medical risks associated with energy drink consumption by children, which retailers must post by January 1, 2025. Additionally, the working group, in consultation with the Department of Public Health, must develop a one-page document explaining the medical risks associated with energy drink consumption by children, to be made available on the department's website. The bill's effective dates are from passage for Section 1, and July 1, 2024, for Sections 2 and 3. The fiscal impact statement indicates that there is no expected fiscal impact on the state or municipalities from the bill. House Amendment "B" replaces the underlying bill's provisions, and House Amendment "D" alters the composition of the working group, both without fiscal impact.