[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2511 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 2511
To amend the Federal Food, Drug, and Cosmetic Act to establish certain
labeling requirements for caffeine, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 31, 2025
Mr. Menendez (for himself, Mr. Smith of New Jersey, Ms. Schrier, Mr.
Veasey, Mr. Carter of Louisiana, Ms. Norton, Mrs. McIver, Mrs. Watson
Coleman, Mr. Sherman, Mr. Kennedy of New York, Ms. Tlaib, Mr. Deluzio,
Mr. Goldman of New York, and Ms. Underwood) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to establish certain
labeling requirements for caffeine, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sarah Katz Caffeine Safety Act''.
SEC. 2. CAFFEINE LABELING REQUIREMENTS.
(a) Information Required To Be Disclosed by Restaurants and Retail
Food Establishments.--
(1) In general.--Section 403(q)(5)(H) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)(H)) is amended--
(A) by amending subclause (i) to read as follows:
``(i) General requirements for restaurants and similar
retail food establishments.--
``(I) Standard menu items.--Except for food
described in subclause (vii), in the case of food that
is a standard menu item that is offered for sale in a
restaurant or similar retail food establishment that is
part of a chain with 20 or more locations doing
business under the same name (regardless of the type of
ownership of the locations) and offering for sale
substantially the same menu items, the restaurant or
similar retail food establishment shall disclose the
information described in subclauses (ii) and (iii).
``(II) Temporary menu items.--
``(aa) In general.--In the case of food
that is a temporary menu item that is offered
for sale in a restaurant or similar retail food
establishment that is part of a chain with 20
or more locations doing business under the same
name (regardless of the type of ownership of
the locations) and offering for sale
substantially the same menu items, the
restaurant or similar retail food establishment
shall disclose the information described in
subclause (ii)(III).
``(bb) Temporary menu item defined.--In
this item, the term `temporary menu item' means
a food that appears on a menu or menu board for
less than a total of 60 days per calendar year.
The 60 days includes the total of consecutive
and non-consecutive days the item appears on
the menu.'';
(B) in subclause (ii)--
(i) by redesignating items (III) and (IV)
as items (IV) and (V), respectively, and moving
the margins of such items 2 ems to the right;
(ii) by inserting after item (II) the
following:
``(III) in the case of a standard menu item or
temporary menu item that contains any added caffeine
(as the Secretary shall by regulation define) and at
least 150 milligrams of total caffeine per serving, the
statement `High caffeine', or such other similar
statement or symbol as the Secretary determines
appropriate, adjacent to the name of the standard menu
item or temporary menu item, so as to be clearly
associated with such menu item, on the menu listing the
item for sale and on the menu board, including a drive
through menu board;''; and
(iii) in item (IV) (as so redesignated), by
inserting before the semicolon the following:
``and the number of milligrams of caffeine in
the item''; and
(C) in subclause (vii)(I), by striking ``Subclauses
(i) through (vi)'' and inserting ``Subject to subclause
(i)(II), subclauses (i) through (vi)''.
(2) Conforming amendments.--Section 403(q)(5) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)) is
amended--
(A) in clause (A)--
(i) in subclause (i), by striking ``clause
(H)(ii)(III)'' and inserting ``clause
(H)(ii)(IV)''; and
(ii) in subclause (ii), by striking
``clause (H)(ii)(III)'' and inserting ``clause
(H)(ii)(IV)''; and
(B) in clause (H)--
(i) in subclause (ii)(V) (as redesignated
by subsection (a)(1)(B)(i) of this section), by
striking ``item (III)'' and inserting ``item
(IV)'';
(ii) in subclause (vi), by striking
``subclause (ii)(III)'' each place it appears
and inserting ``subclause (ii)(IV)''; and
(iii) in subclause (vii)(II), by striking
``subclauses (ii)(III) and (vi)'' and inserting
``subclauses (ii)(IV) and (vi)''.
(b) Caffeine Labeling Requirements for Food and Dietary
Supplements.--Section 403 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 343) is amended by adding at the end the following:
``(z) If it is a food (including a dietary supplement) that
contains more than 10 milligrams of caffeine, unless the label of such
food includes--
``(1) the number of milligrams of caffeine in the food;
``(2) a statement of whether the caffeine in the food is
naturally occurring or an additive; and
``(3) an advisory statement indicating that the daily
recommended limit of caffeine for healthy adults is 400
milligrams (or such other limit as the Secretary determines
appropriate).''.
SEC. 3. FDA AND NIH REVIEWS OF SAFETY OF CAFFEINE.
(a) FDA Review of Caffeine as GRAS.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs,
(in this subsection referred to as the ``Commissioner'') shall
conduct a review of the safety of caffeine and other
stimulants, as the Commissioner determines appropriate, in food
(including beverages) and dietary supplements.
(2) Elements.--In conducting the review under paragraph
(1), the Commissioner shall consider the following:
(A) Whether caffeine should be considered to be
generally recognized to be safe, with respect to
consumption by healthy populations, under section
201(s) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(s)).
(B) The safety of added caffeine or other
stimulants, or a complex blend containing a combination
of caffeine and other stimulants, in food and dietary
supplements.
(C) The safety of guarana, taurine, and similar
substances in food and dietary supplements with added
caffeine.
(D) Thresholds for the amount of caffeine, or the
amount of a complex blend containing a combination of
caffeine and other stimulants, that should be generally
recognized as safe when included in food or dietary
supplements.
(E) Whether any regulations relating to caffeine in
food and dietary supplements should be issued or
updated.
(3) Report.--Not later than 6 months after the date of
enactment of this Act, the Commissioner shall submit to
Congress and make publicly available a report detailing the
results of the review under paragraph (1).
(4) Consideration of results.--Following the completion of
the review under paragraph (1), the Secretary of Health and
Human Services--
(A) shall, in considering the results of such
review, make a determination regarding whether caffeine
is generally recognized to be safe, with respect to
consumption by healthy populations, under section
201(s) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(s)); and
(B) may consider the results of such review in
making a determination pursuant to paragraph
(q)(5)(H)(ii)(III) or (z)(3) of section 403 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343)
(as inserted by subsection (a)(1)(B)(ii), and added by
subsection (b), of section 2 of this Act).
(b) NIH Review of Caffeine in Vulnerable Populations.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Director of the National
Institutes of Health, (in this subsection referred to as the
``Director'') shall conduct or support a review of the effect
of the consumption of caffeine and other stimulants, as the
Director determines appropriate, on the vulnerable populations
described in paragraph (2). The Director may enter into a
contract with an appropriate entity under which such entity
will conduct such review.
(2) Vulnerable populations.--The ``vulnerable populations''
described in this paragraph are the following:
(A) Children and adolescents.
(B) Individuals with underlying heart conditions.
(C) Pregnant and breast-feeding women.
(D) Individuals with seizure disorders.
(E) Individuals with mental health conditions that
may be worsened by stimulants.
(F) Caffeine-sensitive individuals.
(G) Such other individuals as the Director
determines appropriate.
(3) Report.--Not later than 6 months after the date of
enactment of this Act, the Director shall submit to Congress
and make publicly available a report detailing the results of
the review under paragraph (1).
(c) Authorization of Appropriations.--There is authorized to be
appropriated--
(1) $1,000,000 for the purpose of carrying out subsection
(a); and
(2) $1,000,000 for the purpose of carrying out subsection
(b).
SEC. 4. PUBLIC EDUCATION CAMPAIGN ON CAFFEINE SAFETY.
The Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, in consultation with the Director of
the Centers for Disease Control and Prevention, and working with
consumer advocacy and patient groups, shall conduct a public education
campaign on the safe consumption of caffeine and caffeinated food
(including beverages) and dietary supplements. Such campaign shall pay
special attention to the following:
(1) The dangers of the overconsumption of caffeine.
(2) The health impacts caffeine can have on certain
vulnerable populations, including--
(A) children and adolescents;
(B) individuals with underlying heart conditions;
(C) pregnant and breast-feeding women;
(D) individuals with seizure disorders;
(E) individuals with mental health conditions that
may be worsened by stimulants; and
(F) caffeine-sensitive individuals.
(3) How caffeine is marketed to children and adolescents.
(4) How guarana, taurine, and similar substances impact
safety.
(5) How to safely consume caffeine.
SEC. 5. GAO STUDY AND REPORT ON MARKETING OF CAFFEINATED BEVERAGES.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the marketing of caffeinated beverages in
restaurants, in stores, and online (including on social media and by
social media influencers). In conducting such study, the Comptroller
General shall focus on--
(1) ways in which the marketing of caffeinated beverages
(including to children and adults) may be misleading; and
(2) how the marketing of such caffeinated beverages is
targeted at children and teens.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
Congress a report describing the results of the study conducted under
subsection (a), including any recommendations for legislative or
administrative action to address the misleading marketing of
caffeinated beverages or the targeted marketing of such beverages to
children and teens.
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