```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10370 Introduced in House (IH)]

<DOC>

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.
                                 <all>
```