On March 31, 2025, Congress saw the reintroduction of H.R. 2511, the Sarah Katz Caffeine Safety Act.
The bill would amend the Federal Food, Drug, and Cosmetic Act to establish new regulatory requirements for labeling the caffeine content of foods and dietary supplements, expand research into the health effects of caffeine consumption, and develop a public outreach campaign to inform consumers about the risks of overconsuming caffeine.
The key provisions of the Sarah Katz Caffeine Safety Act include:
- Restaurants with 20 or more locations must label menu items containing added caffeine and at least 150 mg total caffeine per serving with a “high caffeine” warning next to the item’s name, including on drive-through menus. The caffeine content (in mg) must be clearly disclosed in writing and provided to consumers upon request.
- Foods and dietary supplements containing more than 10 mg of caffeine must be labeled with (1) the amount of caffeine per serving, (2) whether the caffeine is natural or added, and (3) a statement that the recommended daily limit is 400 mg of caffeine.
The bill would also require government officials to:
- Review the safety of caffeine, focusing on whether caffeine and related stimulants are generally recognized as safe for healthy populations, evaluate safe consumption thresholds, and consider further regulations.
- Review the effects of stimulant consumption on vulnerable populations, including children and adolescents, individuals with underlying heart conditions, pregnant and breastfeeding women, and individuals with seizure disorders, mental health conditions that may be exacerbated by stimulants, and caffeine sensitivity.
- Draft a report on the marketing of caffeinated beverages, including by social media influencers, with a focus on misleading marketing practices and campaigns targeting children and young adults.
- Conduct a public education campaign on the safe consumption of caffeine.
The bill was originally introduced in December 2024. Reintroduced in the new Congress, the legislation has 15 sponsors and co-sponsors, including Rep. Christopher Smith (R-NJ), Rep. Rashida Tlaib (D-MI), and Rep. Rob Menendez, Jr. (D-NJ).
We will continue to monitor the progress of this legislation and provide further updates as developments occur. If you have questions regarding the proposed requirements or their potential impact on your business, please contact a member of Perkins Coie’s Food Regulatory team.
Summer Associate Annalise Hinkle contributed to this article.
