This bill establishes labeling and disclosure requirements for caffeinated food, beverages, and supplements.
Specifically, the bill requires foods and dietary supplements that contain more than 10 milligrams of caffeine to be labeled with (1) their total caffeine content, (2) a statement of whether the caffeine is naturally occurring or is an additive, and (3) an advisory statement indicating that the recommended daily limit of caffeine for healthy adults is 400 milligrams.
Further, in restaurant chains with 20 or more locations, menus must indicate that an item contains high caffeine where the item contains added caffeine and has a total caffeine content of at least 150 milligrams. Restaurants must place the statement “high caffeine” or a similar indication adjacent to the name of a covered item on the menu. This requirement applies to both standard and temporary menu items.
For standard menu items, the bill also expands the nutritional information that restaurants must make available to consumers in written form to include the number of milligrams of caffeine in an item.
The Food and Drug Administration (FDA) must review the safety of caffeine and other stimulants in food, beverages, and dietary supplements and determine whether caffeine should be generally recognized as safe (GRAS) for healthy adults. (Currently, the FDA considers caffeine as GRAS for cola beverages up to a level of 0.02%.)
Finally, the Government Accountability Office must study and report to Congress on the marketing of caffeinated beverages in restaurants, stores, and online.