House Passes Neal Bill to Better Regulate Highly Caffeinated Beverages

DOVER – In response to the increase in energy drink consumption and marketing practices in the U.S., the House unanimously passed a measure Thursday that would create more transparency around potential severe health effects following the consumption of caffeinated beverages.

Sponsored by Representative DeShanna Neal and Senator Elizabeth “Tizzy” Lockman, House Substitute 1 for House Bill 394 would direct the Division of Public Health to create signage stating that energy drinks and caffeinated dietary supplements are not recommended for children, individuals sensitive to caffeine, and individuals who are pregnant or nursing.

Businesses selling energy drinks and caffeinated dietary supplements within the state would then be encouraged to display the sign in a publicly visible location next to the products.

While there have been limited studies on the topic, there are decades’ worth of data showing that energy drink/supplement consumption can be dangerous to one’s health. In 2007, there were 10,068 emergency department visits involving energy drinks in the United States. Just 4 years later, that number doubled to 20,783 visits. 

Children and adolescents observe increased risks from caffeine consumption. Consuming caffeine at a young age may interfere with development and exacerbate underlying health issues. About ⅓ of adolescents between the age of 12-17 regularly consume energy drinks. However, the consumption of energy drinks by young adults has been linked to risky behaviors. 

Despite those statistics, many of which were compiled by the U.S. Department of Health and Human Services, the federal government still groups energy drinks with natural dietary supplements classified as Generally Regarded as Safe (GRAS) by government regulators. Because of this, energy drinks often do not provide warning labels advising proper use, nor accurately report their caffeine content. 

The U.S. is also one of the leading markets for energy drinks globally, with sport and energy drinks ranking as the second most popular dietary supplements among U.S. teens and young adults. 

“One caffeine-related death is one too many,” said Rep. DeShanna Neal. 

“This bill is about protecting vulnerable groups, like children and teenagers, from products that are specifically created and marketed for excessive caffeine consumption. More and more, we are seeing brightly-colored, cartoon-clad energy drinks promoted by YouTubers, streamers, TikTok influencers, and online personalities that young people watch every day. This is intentional and dangerous, and if a sign can help educate just one person, I will consider that a win.”

In 2022, the dangers of consuming high amounts of caffeine was brought to the public’s attention when 21-year-old University of Pennsylvania student Sarah Katz went into cardiac arrest after drinking a Charged Lemonade from Panera Bread. 

Just 2 months ago, the family of a 17-year-old Texas cheerleader filed a wrongful death lawsuit against the distributor of Alani Nu energy drinks after their County medical examiner determined that her cause of death “was an enlarged heart due to stress and large amounts of caffeine.” The attorney in the case is arguing that there were inadequate warnings about the serious cardiac risks that Alani energy drinks bring. 

HS 1 for HB 394 has the support of the Delaware School Nurse Association, the Delaware State Education Association (DSEA), the Delaware Charter School Network, Nemours Children’s Health, and ChristianaCare.

If signed into law, Delaware would be the first state in the nation with caffeine safety regulations in the books. 

HS 1 for HB 394 now heads to the Senate for consideration. 

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