HR2511-119

1. Short title This Act may be cited as the Sarah Katz Caffeine Safety Act.

2. Caffeine labeling requirements Section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)(H)) is amended— by amending subclause (i) to read as follows: 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). 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). 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. in subclause (ii)— by redesignating items (III) and (IV) as items (IV) and (V), respectively, and moving the margins of such items 2 ems to the right; by inserting after item (II) the following: 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; in item (IV) (as so redesignated), by inserting before the semicolon the following: and the number of milligrams of caffeine in the item; and in subclause (vii)(I), by striking Subclauses (i) through (vi) and inserting Subject to subclause (i)(II), subclauses (i) through (vi). Section 403(q)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)) is amended— in clause (A)— in subclause (i), by striking clause (H)(ii)(III) and inserting clause (H)(ii)(IV); and in subclause (ii), by striking clause (H)(ii)(III) and inserting clause (H)(ii)(IV); and in clause (H)— in subclause (ii)(V) (as redesignated by subsection (a)(1)(B)(i) of this section), by striking item (III) and inserting item (IV); in subclause (vi), by striking subclause (ii)(III) each place it appears and inserting subclause (ii)(IV); and in subclause (vii)(II), by striking subclauses (ii)(III) and (vi) and inserting subclauses (ii)(IV) and (vi). Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: If it is a food (including a dietary supplement) that contains more than 10 milligrams of caffeine, unless the label of such food includes— the number of milligrams of caffeine in the food; a statement of whether the caffeine in the food is naturally occurring or an additive; and 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). (i)General requirements for restaurants and similar retail food establishments (I)Standard menu itemsExcept 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 generalIn 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 definedIn 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.; (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 (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)..

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: The dangers of the overconsumption of caffeine. The health impacts caffeine can have on certain vulnerable populations, including— children and adolescents; individuals with underlying heart conditions; pregnant and breast-feeding women; individuals with seizure disorders; individuals with mental health conditions that may be worsened by stimulants; and caffeine-sensitive individuals. How caffeine is marketed to children and adolescents. How guarana, taurine, and similar substances impact safety. How to safely consume caffeine.

5. GAO study and report on marketing of caffeinated beverages 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— ways in which the marketing of caffeinated beverages (including to children and adults) may be misleading; and how the marketing of such caffeinated beverages is targeted at children and teens. 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.