H.R. 2511

Sarah Katz Caffeine Safety Act

Official summary

Written by the Congressional Research Service.

Sarah Katz Caffeine Safety Act

This bill establishes labeling and disclosure requirements for caffeinated food, beverages, and supplements.

Specifically, the bill requires foods and dietary supplements that contain more than 10 milligrams of caffeine to be labeled with (1) their total caffeine content, (2) a statement of whether the caffeine is naturally occurring or is an additive, and (3) an advisory statement indicating that the recommended daily limit of caffeine for healthy adults is 400 milligrams.

Further, in restaurant chains with 20 or more locations, menus must indicate that an item contains high caffeine where the item contains added caffeine and has a total caffeine content of at least 150 milligrams. Restaurants must place the statement “high caffeine” or a similar indication adjacent to the name of a covered item on the menu. This requirement applies to both standard and temporary menu items.

For standard menu items, the bill also expands the nutritional information that restaurants must make available to consumers in written form to include the number of milligrams of caffeine in an item.

The Food and Drug Administration (FDA) must review the safety of caffeine and other stimulants in food, beverages, and dietary supplements and determine whether caffeine should be generally recognized as safe (GRAS) for healthy adults. (Currently, the FDA considers caffeine as GRAS for cola beverages up to a level of 0.02%.) 

Finally, the Government Accountability Office must study and report to Congress on the marketing of caffeinated beverages in restaurants, stores, and online.

Text of the bill

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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.