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. 
Be it enacted by the Senate and House of Representa-
tives 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.— 
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(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
RES-
TAURANTS AND SIMILAR RETAIL FOOD ESTABLISH-
MENTS.— 
‘‘(I) STANDARD MENU ITEMS.—Except for 
food described in subclause (vii), in the case of 
food that is a standard menu item that is of-
fered 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 substan-
tially 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 
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chain with 20 or more locations doing busi-
ness 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 re-
tail food establishment shall disclose the 
information described in subclause (ii)(III). 
‘‘(bb) TEMPORARY
MENU
ITEM
DE-
FINED.—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 fol-
lowing: 
‘‘(III) in the case of a standard menu item 
or temporary menu item that contains any 
added caffeine (as the Secretary shall by regu-
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lation 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 clear-
ly 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 fol-
lowing: ‘‘and the number of milligrams of 
caffeine in the item’’; and 
(C) in subclause (vii)(I), by striking ‘‘Sub-
clauses (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 
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(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 redesig-
nated by subsection (a)(1)(B)(i) of this 
section), by striking ‘‘item (III)’’ and in-
serting ‘‘item (IV)’’; 
(ii) in subclause (vi), by striking ‘‘sub-
clause (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 insert-
ing ‘‘subclauses (ii)(IV) and (vi)’’. 
(b) CAFFEINE LABELING REQUIREMENTS FOR FOOD 
AND DIETARY SUPPLEMENTS.—Section 403 of the Fed-
eral 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 
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‘‘(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 ‘‘Sec-
retary’’) shall seek to enter into an agreement with the 
National Academies of Sciences, Engineering, and Medi-
cine (in this section referred to as the ‘‘National Acad-
emies’’), under which the National Academies shall con-
duct a study on the effect of caffeine consumption on vul-
nerable 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 sub-
section (a), the National Academies shall— 
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(1) synthesize existing evidence regarding the 
effect of caffeine consumption on the vulnerable pop-
ulations 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 Sec-
retary and Congress, at the conclusion of the study de-
scribed in such subsection, a report that contains the re-
sults of the study, including— 
(1) the synthesis of existing evidence described 
in paragraph (1) of subsection (b); and 
(2) the recommendations described in para-
graphs (2) and (3) of subsection (b). 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $2,000,000 to carry out this 
section. 
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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 ‘‘Sec-
retary’’) shall conduct a review of the safety of caffeine 
and other stimulants, as the Secretary determines appro-
priate, in food (including beverages) and dietary supple-
ments. 
(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 die-
tary 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 gen-
erally 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. 
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(c) REPORT.—Not later than 1 year after the date 
of the conclusion of the study under section 3(a), the Sec-
retary shall submit to Congress and make publicly avail-
able a report detailing the results of the review under sub-
section (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 in-
serted by subsection (a)(1)(B)(ii), and added by sub-
section (b), of section 2 of this Act). 
SEC. 5. PUBLIC EDUCATION CAMPAIGN ON CAFFEINE SAFE-
TY. 
The Secretary of Health and Human Services, acting 
through the Commissioner of Food and Drugs, in con-
sultation with the Director of the Centers for Disease Con-
trol and Prevention, and working with consumer advocacy 
and patient groups, shall conduct a public education cam-
paign 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 caf-
feine. 
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(2) The health impacts caffeine can have on 
certain vulnerable populations, including— 
(A) children and adolescents; 
(B) individuals with underlying heart con-
ditions; 
(C) pregnant and breast-feeding women; 
(D) individuals with seizure disorders; 
(E) individuals with mental health condi-
tions 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 sub-
stances 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— 
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(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 bev-
erages 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 adminis-
trative action to address the misleading marketing of 
caffeinated beverages or the targeted marketing of such 
beverages to children and teens. 
Æ 
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