BILL NUMBER: S9158
SPONSOR: WEIK
 
TITLE OF BILL:
An act to amend the public health law and the general business law, in
relation to establishing certain caffeine safety warnings and labeling
requirements
 
PURPOSE:
To require clear caffeine safety warnings and labeling disclosures for
certain food service establishments, foods, and dietary supplements in
order to better inform consumers.
 
SUMMARY OF PROVISIONS:
Section 1 amends the public health law by adding new sections 1358 and
1359 establishing caffeine warning and labeling requirements for certain
food service establishments and food products. The section requires
large chain food service establishments to disclose caffeine content on
menus and menu boards for items containing added caffeine or high levels
of caffeine and to display standardized safety warnings. It also
requires such establishments to provide caffeine-free options menus. The
section further establishes labeling requirements for food containing
caffeine, including disclosure of caffeine content, source, advisory
statements regarding recommended daily limits, and warnings for products
with higher caffeine levels, including digital labeling requirements.
Section 2 amends the general business law by adding a new section,
831-a, establishing caffeine labeling requirements for dietary supple-
ments. The section requires disclosure of caffeine content, identifica-
tion of whether caffeine is naturally occurring or added, and advisory
statements regarding recommended daily intake. It also requires addi-
tional warnings for supplements with higher caffeine levels, including
advisories related to youth consumption and high caffeine designations
for online and mobile sales platforms.
Section 3 provides that the act shall take effect one year after it
becomes law and authorizes rulemaking and regulatory actions necessary
to implement the act prior to the effective date.
 
JUSTIFICATION:
Caffeine is widely present in foods, beverages, and dietary supplements,
often at level that may be harmful to children and adolescents. Young
people are particularly vulnerable to the effects of excessive caffeine
intake, yet many high-caffeine products are sold without clear or
consistent warnings. This bill promotes transparency by requiring visi-
ble safety warnings and accurate labeling, allowing parents and minors
to better understand caffeine content and associated risks. Providing
clear information at the point of sale helps prevent unintentional over-
consumption by minors. The legislation supports informed decision-mak-
ing and advances consumer safety for young people.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effective one year after it becomes law and author-
izes rulemaking and regulatory actions necessary to implement the act
prior to the effective date.