Sarah Katz Caffeine Safety Act

Bill Number

H.R. 2511

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Health

Status

Introduced

Latest Action

2025-03-31: Referred to the House Committee on Energy and Commerce.

Last Updated

2026-07-03T08:06:04Z

AI-Generated Summary

Purpose

The Sarah Katz Caffeine Safety Act aims to improve public awareness and safety around caffeine consumption by requiring specific labeling on foods, beverages, and dietary supplements that contain caffeine. It also mandates reviews of caffeine's safety, a public education campaign, and a study on marketing practices to protect vulnerable populations, such as children and those with health conditions, from potential risks associated with overconsumption.

Key Provisions

• Labeling Requirements for Restaurants and Retail Food Establishments:
• Applies to chains with 20 or more locations offering similar menus.
• For standard menu items (regular offerings) or temporary menu items (appearing on menus for less than 60 days per year) with added caffeine and at least 150 milligrams (mg) per serving, establishments must display a "High caffeine" statement (or similar symbol approved by the FDA) next to the item's name on menus and menu boards, including drive-throughs.
• These items must also disclose the total milligrams of caffeine per serving.
• Exemptions apply to certain foods like raw fruits or vegetables.

• Labeling Requirements for Packaged Foods and Dietary Supplements:
• Any food or dietary supplement (products like vitamins or energy boosters) containing more than 10 mg of caffeine must include on the label:
• The exact milligrams of caffeine per serving.
• Whether the caffeine is naturally occurring (e.g., from coffee beans) or added (e.g., as a synthetic ingredient).
• An advisory statement noting the recommended daily limit of 400 mg for healthy adults (or another limit set by the FDA).

• FDA Safety Review:
• The FDA Commissioner must review the safety of caffeine and related stimulants in foods, beverages, and dietary supplements within 6 months of enactment.
• The review covers whether caffeine qualifies as "generally recognized as safe" (GRAS, a legal status meaning it's considered safe for use in food based on scientific evidence), safety of added caffeine or blends with other stimulants, effects of substances like guarana or taurine, safe thresholds, and potential need for updated regulations.
• A public report to Congress is required, and results may influence future FDA decisions on caffeine limits or labeling.

• NIH Review on Vulnerable Populations:
• The NIH Director must review (or fund a review of) caffeine's effects on groups at higher risk, including children, adolescents, people with heart conditions, pregnant or breastfeeding women, those with seizure disorders, individuals with mental health issues worsened by stimulants, and caffeine-sensitive people.
• A public report to Congress is due within 6 months.
• Authorizes $1 million each for the FDA and NIH reviews.

• Public Education Campaign:
• Led by the FDA Commissioner, in consultation with the CDC and consumer/patient groups, to educate on safe caffeine use.
• Focuses on overconsumption risks, impacts on vulnerable groups, marketing to children, effects of additives like guarana or taurine, and safe consumption guidelines.

• GAO Study on Marketing:
• The Government Accountability Office (GAO, an independent agency that audits federal programs) must study how caffeinated beverages are marketed in restaurants, stores, online, and via social media influencers.
• Emphasizes misleading practices and targeting of children and teens.
• Report to Congress due within 180 days, including recommendations for laws or agency actions.

Significant Changes to Existing Law

• Amends Section 403 of the Federal Food, Drug, and Cosmetic Act (FD&C Act), which governs food labeling, by adding caffeine-specific disclosures to existing nutrition labeling rules for chain restaurants (originally from the 2010 Affordable Care Act's menu labeling provisions).
• Introduces new mandatory labeling for all packaged foods and dietary supplements with over 10 mg of caffeine, which was not previously required under the FD&C Act.
• Mandates formal safety reviews by FDA and NIH, potentially leading to revocation or modification of caffeine's GRAS status (currently, caffeine is treated as GRAS for general use but not specifically regulated by quantity in most foods).
• Adds conforming updates to cross-references in the law to integrate these new caffeine rules without disrupting other nutrition disclosures like calories or allergens.

Potential Impacts

• On Government Agencies: Increases workload for FDA (labeling enforcement, safety review, education campaign), NIH (vulnerable population study), and GAO (marketing analysis), with $2 million in authorized funding to support initial efforts. Could lead to new regulations, such as caffeine quantity limits or marketing restrictions.
• On Citizens: Enhances consumer knowledge, potentially reducing caffeine-related health issues (e.g., heart problems, anxiety) through clearer labels and education, especially benefiting vulnerable groups like children and pregnant individuals. May encourage safer choices but could slightly raise food prices due to relabeling costs.
• On International Relations: Minimal direct impact, as the bill focuses on U.S. domestic food safety; however, it could influence global standards if FDA updates affect imported products or exports of U.S. foods.

Main Stakeholders Affected

• Consumers: Especially children, teens, pregnant people, and those with health conditions, who gain better information to avoid risks.
• Food Industry: Chain restaurants (e.g., fast-food outlets like Starbucks or McDonald's), beverage manufacturers (e.g., energy drink companies like Monster), and dietary supplement producers, who must update menus, labels, and packaging, facing compliance costs.
• Health Agencies: FDA and NIH, responsible for reviews and campaigns; CDC for consultation.
• Advocacy Groups: Consumer and patient organizations involved in education efforts.
• Congress and GAO: Oversee reports and potential follow-up legislation.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens FDA's authority under the FD&C Act to regulate food additives and labeling, potentially challenging the food industry's reliance on caffeine's GRAS status if reviews deem it unsafe at certain levels. Non-compliance could lead to FDA enforcement actions like fines or product recalls. The bill avoids outright bans, focusing on disclosure to respect free market principles.
• Constitutional: Aligns with the government's role in protecting public health (commerce clause), without infringing on free speech, as labeling requirements are factual and tied to safety (similar to upheld nutrition labels). No apparent First Amendment issues, as courts have generally supported such mandates.
• Political: Bipartisan sponsorship (Democrats and Republicans) suggests broad support for public health measures. Named after Sarah Katz, implying a personal tragedy (likely caffeine-related death), which could build momentum for passage. May spark debates on industry regulation versus consumer freedom, influencing future food safety bills.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Menendez, Robert [D-NJ-8]

Cosponsors (16)

Rep. Smith, Christopher H. [R-NJ-4], Rep. Schrier, Kim [D-WA-8], Rep. Veasey, Marc A. [D-TX-33], Rep. Carter, Troy A. [D-LA-2], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. McIver, LaMonica [D-NJ-10], Rep. Watson Coleman, Bonnie [D-NJ-12], Rep. Sherman, Brad [D-CA-32], Rep. Kennedy, Timothy M. [D-NY-26], Rep. Tlaib, Rashida [D-MI-12], Rep. Deluzio, Christopher R. [D-PA-17], Rep. Goldman, Daniel S. [D-NY-10], Rep. Underwood, Lauren [D-IL-14], Rep. Salinas, Andrea [D-OR-6], Rep. Pou, Nellie [D-NJ-9], Rep. Lofgren, Zoe [D-CA-18]

Recent Actions

• 2025-03-31: Referred to the House Committee on Energy and Commerce.
• 2025-03-31: Introduced in House
• 2025-03-31: Introduced in House

Bill Versions

• Sarah Katz Caffeine Safety Act — issued 2025-03-31 — PDF (11 pages)