I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sarah Katz Caffeine 

5 Safety Act’’. 

6 SEC. 2. CAFFEINE LABELING REQUIREMENTS. 

7 (a) INFORMATION REQUIRED TO BE DISCLOSED BY

8 RESTAURANTS AND RETAIL FOOD ESTABLISHMENTS.— 


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1 (1) IN GENERAL.—Section 403(q)(5)(H) of the 

2 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

3 343(q)(5)(H)) is amended— 

4 (A) by amending subclause (i) to read as 

5 follows: 

6 ‘‘(i) GENERAL REQUIREMENTS FOR RES7 TAURANTS AND SIMILAR RETAIL FOOD ESTABLISH8 MENTS.— 

9 ‘‘(I) STANDARD MENU ITEMS.—Except for 

10 food described in subclause (vii), in the case of 

11 food that is a standard menu item that is of12 fered for sale in a restaurant or similar retail 

13 food establishment that is part of a chain with 

14 20 or more locations doing business under the 

15 same name (regardless of the type of ownership 

16 of the locations) and offering for sale substan17 tially the same menu items, the restaurant or 

18 similar retail food establishment shall disclose 

19 the information described in subclauses (ii) and 

20 (iii). 

21 ‘‘(II) TEMPORARY MENU ITEMS.— 

22 ‘‘(aa) IN GENERAL.—In the case of 

23 food that is a temporary menu item that is 

24 offered for sale in a restaurant or similar 

25 retail food establishment that is part of a 


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1 chain with 20 or more locations doing busi2 ness under the same name (regardless of 

3 the type of ownership of the locations) and 

4 offering for sale substantially the same 

5 menu items, the restaurant or similar re6 tail food establishment shall disclose the 

7 information described in subclause (ii)(III). 

8 ‘‘(bb) TEMPORARY MENU ITEM DE9 FINED.—In this item, the term ‘temporary 

10 menu item’ means a food that appears on 

11 a menu or menu board for less than a total 

12 of 60 days per calendar year. The 60 days 

13 includes the total of consecutive and non14 consecutive days the item appears on the 

15 menu.’’; 

16 (B) in subclause (ii)— 

17 (i) by redesignating items (III) and 

18 (IV) as items (IV) and (V), respectively, 

19 and moving the margins of such items 2 

20 ems to the right; 

21 (ii) by inserting after item (II) the fol22 lowing: 

23 ‘‘(III) in the case of a standard menu item 

24 or temporary menu item that contains any 

25 added caffeine (as the Secretary shall by reguVerDate Sep 11 2014 17:55 Jan 13, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H10370.IH H10370

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1 lation define) and at least 150 milligrams of 

2 total caffeine per serving, the statement ‘High 

3 caffeine’, or such other similar statement or 

4 symbol as the Secretary determines appropriate, 

5 adjacent to the name of the standard menu 

6 item or temporary menu item, so as to be clear7 ly associated with such menu item, on the menu 

8 listing the item for sale and on the menu board, 

9 including a drive through menu board;’’; and 

10 (iii) in item (IV) (as so redesignated), 

11 by inserting before the semicolon the fol12 lowing: ‘‘and the number of milligrams of 

13 caffeine in the item’’; and 

14 (C) in subclause (vii)(I), by striking ‘‘Sub15 clauses (i) through (vi)’’ and inserting ‘‘Subject 

16 to subclause (i)(II), subclauses (i) through 

17 (vi)’’. 

18 (2) CONFORMING AMENDMENTS.—Section 

19 403(q)(5) of the Federal Food, Drug, and Cosmetic 

20 Act (21 U.S.C. 343(q)(5)) is amended— 

21 (A) in clause (A)— 

22 (i) in subclause (i), by striking 

23 ‘‘clause (H)(ii)(III)’’ and inserting ‘‘clause 

24 (H)(ii)(IV)’’; and 


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1 (ii) in subclause (ii), by striking 

2 ‘‘clause (H)(ii)(III)’’ and inserting ‘‘clause 

3 (H)(ii)(IV)’’; and 

4 (B) in clause (H)— 

5 (i) in subclause (ii)(V) (as redesig6 nated by subsection (a)(1)(B)(i) of this 

7 section), by striking ‘‘item (III)’’ and in8 serting ‘‘item (IV)’’; 

9 (ii) in subclause (vi), by striking ‘‘sub10 clause (ii)(III)’’ each place it appears and 

11 inserting ‘‘subclause (ii)(IV)’’; and 

12 (iii) in subclause (vii)(II), by striking 

13 ‘‘subclauses (ii)(III) and (vi)’’ and insert14 ing ‘‘subclauses (ii)(IV) and (vi)’’. 

15 (b) CAFFEINE LABELING REQUIREMENTS FOR FOOD

16 AND DIETARY SUPPLEMENTS.—Section 403 of the Fed17 eral Food, Drug, and Cosmetic Act (21 U.S.C. 343) is 

18 amended by adding at the end the following: 

19 ‘‘(z) If it is a food (including a dietary supplement) 

20 that contains more than 10 milligrams of caffeine, unless 

21 the label of such food includes— 

22 ‘‘(1) the number of milligrams of caffeine in the 

23 food; 

24 ‘‘(2) a statement of whether the caffeine in the 

25 food is naturally occurring or an additive; and 


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1 ‘‘(3) an advisory statement indicating that the 

2 daily recommended limit of caffeine for healthy 

3 adults is 400 milligrams (or such other limit as the 

4 Secretary determines appropriate).’’. 

5 SEC. 3. NASEM REPORT ON CAFFEINE CONSUMPTION. 

6 (a) IN GENERAL.—The Secretary of Health and 

7 Human Services, acting through the Commissioner of 

8 Food and Drugs, (in this section referred to as the ‘‘Sec9 retary’’) shall seek to enter into an agreement with the 

10 National Academies of Sciences, Engineering, and Medi11 cine (in this section referred to as the ‘‘National Acad12 emies’’), under which the National Academies shall con13 duct a study on the effect of caffeine consumption on vul14 nerable populations, including— 

15 (1) children and adolescents; 

16 (2) individuals with underlying heart conditions; 

17 (3) pregnant and breast-feeding women; 

18 (4) individuals with seizure disorders; 

19 (5) individuals with mental health conditions 

20 that may be worsened by stimulants; and 

21 (6) caffeine-sensitive individuals. 

22 (b) ELEMENTS.—In conducting the study under sub23 section (a), the National Academies shall— 


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1 (1) synthesize existing evidence regarding the 

2 effect of caffeine consumption on the vulnerable pop3 ulations described in such subsection; 

4 (2) develop recommendations for the maximum 

5 daily limit of caffeine for— 

6 (A) healthy adults; 

7 (B) children; 

8 (C) pregnant and lactating individuals; and 

9 (D) such vulnerable populations; and 

10 (3) develop recommendations for legislative or 

11 administrative action to prevent or mitigate harmful 

12 exposure to excess caffeine for children and other 

13 vulnerable populations. 

14 (c) REPORT.—The agreement under subsection (a) 

15 shall direct the National Academies to submit to the Sec16 retary and Congress, at the conclusion of the study de17 scribed in such subsection, a report that contains the re18 sults of the study, including— 

19 (1) the synthesis of existing evidence described 

20 in paragraph (1) of subsection (b); and 

21 (2) the recommendations described in para22 graphs (2) and (3) of subsection (b). 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated $2,000,000 to carry out this 

25 section. 


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1 SEC. 4. SAFETY REVIEW OF CAFFEINE IN FOOD. 

2 (a) IN GENERAL.—Following the conclusion of the 

3 study under section 3(a), the Secretary of Health and 

4 Human Services, acting through the Commissioner of 

5 Food and Drugs, (in this section referred to as the ‘‘Sec6 retary’’) shall conduct a review of the safety of caffeine 

7 and other stimulants, as the Secretary determines appro8 priate, in food (including beverages) and dietary supple9 ments. 

10 (b) ELEMENTS.—In conducting the review under 

11 subsection (a), the Secretary shall review or consider, as 

12 appropriate— 

13 (1) the safety of added caffeine in food and die14 tary supplements; 

15 (2) the safety of guarana, taurine, and similar 

16 substances in food and dietary supplements with 

17 added caffeine; 

18 (3) whether caffeine should continue to be gen19 erally recognized as safe; 

20 (4) thresholds for the amount of caffeine that 

21 should be generally recognized as safe when included 

22 in food or dietary supplements; and 

23 (5) whether any regulations relating to caffeine 

24 in food and dietary supplements should be issued or 

25 updated. 


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1 (c) REPORT.—Not later than 1 year after the date 

2 of the conclusion of the study under section 3(a), the Sec3 retary shall submit to Congress and make publicly avail4 able a report detailing the results of the review under sub5 section (a). 

6 (d) CONSIDERATION OF RESULTS.—The Secretary 

7 may consider the results of the review under subsection 

8 (a) in making a determination pursuant to paragraph 

9 (q)(5)(H)(ii)(III) or (z)(3) of section 403 of the Federal 

10 Food, Drug, and Cosmetic Act (21 U.S.C. 343) (as in11 serted by subsection (a)(1)(B)(ii), and added by sub12 section (b), of section 2 of this Act). 

13 SEC. 5. PUBLIC EDUCATION CAMPAIGN ON CAFFEINE SAFE14 TY. 

15 The Secretary of Health and Human Services, acting 

16 through the Commissioner of Food and Drugs, in con17 sultation with the Director of the Centers for Disease Con18 trol and Prevention, and working with consumer advocacy 

19 and patient groups, shall conduct a public education cam20 paign on the safe consumption of caffeine and caffeinated 

21 food (including beverages) and dietary supplements. Such 

22 campaign shall pay special attention to the following: 

23 (1) The dangers of the overconsumption of caf24 feine. 


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1 (2) The health impacts caffeine can have on 

2 certain vulnerable populations, including— 

3 (A) children and adolescents; 

4 (B) individuals with underlying heart con5 ditions; 

6 (C) pregnant and breast-feeding women; 

7 (D) individuals with seizure disorders; 

8 (E) individuals with mental health condi9 tions that may be worsened by stimulants; and 

10 (F) caffeine-sensitive individuals. 

11 (3) How caffeine is marketed to children and 

12 adolescents. 

13 (4) How guarana, taurine, and similar sub14 stances impact safety. 

15 (5) How to safely consume caffeine. 

16 SEC. 6. GAO STUDY AND REPORT ON MARKETING OF 

17 CAFFEINATED BEVERAGES. 

18 (a) IN GENERAL.—The Comptroller General of the 

19 United States shall conduct a study on the marketing of 

20 caffeinated beverages in restaurants, in stores, and online 

21 (including on social media and by social media 

22 influencers). In conducting such study, the Comptroller 

23 General shall focus on— 


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1 (1) ways in which the marketing of caffeinated 

2 beverages (including to children and adults) may be 

3 misleading; and 

4 (2) how the marketing of such caffeinated bev5 erages is targeted at children and teens. 

6 (b) REPORT.—Not later than 180 days after the date 

7 of enactment of this Act, the Comptroller General of the 

8 United States shall submit to Congress a report describing 

9 the results of the study conducted under subsection (a), 

10 including any recommendations for legislative or adminis11 trative action to address the misleading marketing of 

12 caffeinated beverages or the targeted marketing of such 

13 beverages to children and teens. 

Æ 


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