Sarah Katz Caffeine Safety Act
The Sarah Katz Caffeine Safety Act would reshape how caffeine is labeled on foods and beverages and prompt federal reviews of caffeine safety. The bill requires certain caffeine labeling for restaurants and retail food establishments, adds labeling requirements for foods and dietary supplements containing caffeine (including the mg amount and whether the caffeine is natural or added, plus a warning about a 400 mg daily limit), orders a formal FDA review to reassess caffeine’s safety as generally recognized as safe (GRAS) and related regulatory issues, and funds NIH reviews focused on caffeine’s effects in vulnerable populations. It also creates a public education campaign on caffeine safety and tasks the GAO with studying how caffeinated beverages are marketed, especially to children and teens. Overall, the bill aims to increase transparency about caffeine content and potential risks, while pushing federal agencies to reassess caffeine safety and influence marketing practices. Key provisions include mandatory “high caffeine” labeling for qualifying menu items in large chain restaurants, mg-by-mg caffeine disclosures on foods with more than 10 mg caffeine, an advisory about the daily limit, FDA and NIH reviews with public reports, a funded public education effort, and a GAO marketing study with actionable recommendations.
Key Points
- 1Caffeine labeling for restaurants and chains: Standard and temporary menu items with added caffeine and at least 150 mg of caffeine per serving must display a clearly associated “High caffeine” label (or equivalent) and show the milligrams of caffeine on menus and drive-through boards; temporary items are defined by appearance on menus for 60 days or fewer per year.
- 2Food and supplement labeling: Any food (including dietary supplements) containing more than 10 mg caffeine must disclose the total milligrams of caffeine, indicate whether caffeine is naturally occurring or added, and include an advisory about the daily 400 mg limit (or another limit set by the Secretary).
- 3FDA review of caffeine safety: The FDA (Secretary acting through the Commissioner) must review caffeine and related stimulants in foods/beverages and consider GRAS status, safety of added caffeine and blends, substances like guarana and taurine, and threshold levels; a report is due within 6 months, with follow-up determinations on GRAS status and regulatory implications.
- 4NIH review for vulnerable populations: NIH (through the Director) will review caffeine’s effects on groups such as children and adolescents, people with heart conditions, pregnant/breastfeeding women, seizure and mental health conditions, and caffeine-sensitive individuals, with a final report due within 6 months.
- 5Public education campaign: A coordinated campaign by HHS (FDA) with input from CDC and consumer groups to educate the public on safe caffeine consumption, risks of overconsumption, marketing to youth, effects of guarana/taurine, and safe intake guidelines.
- 6GAO study on marketing: GAO will study the marketing of caffeinated beverages in restaurants, stores, and online (including influencers) focusing on potential misleading practices and targeting of children/teens; a report with recommendations is due within 180 days of enactment.