H.R. 2511 — Sarah Katz Caffeine Safety Act

This section amends the menu labeling requirements of the Federal Food, Drug, and Cosmetic Act for standard menu items and temporary menu items (i.e., items on menus for less than 60 days per calendar year) offered by chain restaurants and similar retail food establishments with 20 or more locations by requiring, on menus and menu boards (including drive-through): (1) for items with any added caffeine (as defined by regulation) and at least 150 milligrams of total caffeine per serving, a "High caffeine" statement (or similar, as determined by the Secretary) adjacent to the item name; and (2) the number of milligrams of caffeine in the item. (As background, existing menu labeling requires such chains to disclose calories and certain other nutrition information for standard menu items.) This section further requires the label of any food, including dietary supplements, containing more than 10 milligrams of caffeine to declare the milligrams of caffeine, state whether the caffeine is naturally occurring or added, and include an advisory statement that the daily recommended limit for healthy adults is 400 milligrams (or another limit as determined by the Secretary).

This section directs the FDA Commissioner to review the safety of caffeine and other stimulants in food (including beverages) and dietary supplements—including whether caffeine is generally recognized as safe (GRAS) for healthy populations, safety of added caffeine or blends with other stimulants, safety of guarana and taurine with caffeine, safe thresholds, and need for regulations—and submit a report to Congress within six months of enactment. (Thus, the Secretary must determine caffeine's GRAS status for healthy populations based on the review and may consider it for related food labeling determinations.) Separately, this section directs the NIH Director to review or support a review of caffeine's effects on vulnerable populations (e.g., children and adolescents, pregnant and breastfeeding women, individuals with heart conditions or seizure disorders) and submit a report to Congress within six months of enactment. This section authorizes $1 million for the FDA review and $1 million for the NIH review.

This section directs the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs in consultation with the Director of the Centers for Disease Control and Prevention and working with consumer advocacy and patient groups, to conduct a public education campaign on safe consumption of caffeine and caffeinated foods (including beverages) and dietary supplements. The campaign must address (1) dangers of caffeine overconsumption, (2) health impacts on vulnerable populations including children and adolescents, individuals with heart conditions, pregnant and breast-feeding women, seizure disorders, mental health conditions worsened by stimulants, and caffeine-sensitive individuals, (3) caffeine marketing to children and adolescents, (4) safety impacts of guarana, taurine, and similar substances, and (5) safe caffeine consumption practices.

This section directs the Comptroller General of the United States to conduct a study on the marketing of caffeinated beverages in restaurants, stores, and online (including on social media and by influencers), focusing on (1) potentially misleading aspects of such marketing to children and adults and (2) targeting of children and teens. The Comptroller General must submit a report to Congress on the study results, including recommendations for legislative or administrative action, within 180 days of enactment.