There are numerous inconsistencies in this proposal, which apparently seeks to prevent the sale of even low-dose natural products containing these stimulant ingredients, while protecting the products of the pharmaceutical industry. The rhetoric and emotions have run high on this issue.
Tea is a stimulant beverage with an ancient history of use.
Coffee is another. Another is ephedra, which the Chinese call ma huang. Like coffee and tea, it has been brewed into a beverage for thousands of years and consumed for its stimulant effects. Cola nuts, which contain caffeine, are used to make the stimulant beverage, Coke. Legally we classify these stimulant beverages as foods.