[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10370 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 10370
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
December 11, 2024
Mr. Menendez (for himself and Mr. Smith of New Jersey) 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. NASEM REPORT ON CAFFEINE CONSUMPTION.
(a) In General.--The Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs, (in this section referred
to as the ``Secretary'') shall seek to enter into an agreement with the
National Academies of Sciences, Engineering, and Medicine (in this
section referred to as the ``National Academies''), under which the
National Academies shall conduct a study on the effect of caffeine
consumption on vulnerable populations, including--
(1) children and adolescents;
(2) individuals with underlying heart conditions;
(3) pregnant and breast-feeding women;
(4) individuals with seizure disorders;
(5) individuals with mental health conditions that may be
worsened by stimulants; and
(6) caffeine-sensitive individuals.
(b) Elements.--In conducting the study under subsection (a), the
National Academies shall--
(1) synthesize existing evidence regarding the effect of
caffeine consumption on the vulnerable populations described in
such subsection;
(2) develop recommendations for the maximum daily limit of
caffeine for--
(A) healthy adults;
(B) children;
(C) pregnant and lactating individuals; and
(D) such vulnerable populations; and
(3) develop recommendations for legislative or
administrative action to prevent or mitigate harmful exposure
to excess caffeine for children and other vulnerable
populations.
(c) Report.--The agreement under subsection (a) shall direct the
National Academies to submit to the Secretary and Congress, at the
conclusion of the study described in such subsection, a report that
contains the results of the study, including--
(1) the synthesis of existing evidence described in
paragraph (1) of subsection (b); and
(2) the recommendations described in paragraphs (2) and (3)
of subsection (b).
(d) Authorization of Appropriations.--There is authorized to be
appropriated $2,000,000 to carry out this section.
SEC. 4. SAFETY REVIEW OF CAFFEINE IN FOOD.
(a) In General.--Following the conclusion of the study under
section 3(a), the Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs, (in this section referred
to as the ``Secretary'') shall conduct a review of the safety of
caffeine and other stimulants, as the Secretary determines appropriate,
in food (including beverages) and dietary supplements.
(b) Elements.--In conducting the review under subsection (a), the
Secretary shall review or consider, as appropriate--
(1) the safety of added caffeine in food and dietary
supplements;
(2) the safety of guarana, taurine, and similar substances
in food and dietary supplements with added caffeine;
(3) whether caffeine should continue to be generally
recognized as safe;
(4) thresholds for the amount of caffeine that should be
generally recognized as safe when included in food or dietary
supplements; and
(5) whether any regulations relating to caffeine in food
and dietary supplements should be issued or updated.
(c) Report.--Not later than 1 year after the date of the conclusion
of the study under section 3(a), the Secretary shall submit to Congress
and make publicly available a report detailing the results of the
review under subsection (a).
(d) Consideration of Results.--The Secretary may consider the
results of the review under subsection (a) 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).
SEC. 5. 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. 6. 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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