119-hr2511

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2511 Introduced in House

    (IH) ]

<DOC>

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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