DOVER, Del. — The Delaware House unanimously passed a bill Thursday that would encourage businesses to display warning signs near energy drinks and caffeinated dietary supplements.
House Substitute 1 for House Bill 394 is sponsored by Rep. DeShanna Neal and Sen. Elizabeth “Tizzy” Lockman. The bill now heads to the Senate for consideration.
The legislation would direct the Division of Public Health to create signs stating that energy drinks and caffeinated dietary supplements are not recommended for children, people sensitive to caffeine and people who are pregnant or nursing.
Businesses that sell those products in Delaware would be encouraged to display the signs in a publicly visible location near the products.
Supporters of the bill say the measure is meant to create more transparency around potential health effects linked to highly caffeinated beverages.
“One caffeine related death is one too many,” Neal said.
Neal said the bill is focused on protecting vulnerable groups, including children and teenagers, from products created and marketed for high 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,” Neal said. “This is intentional and dangerous, and if a sign can help educate just one person, I will consider that a win.”
According to the release, the bill has support from the Delaware School Nurse Association, the Delaware State Education Association, the Delaware Charter School Network, Nemours Children’s Health and ChristianaCare.
Supporters say Delaware would be the first state in the nation to pass caffeine safety legislation if the bill becomes law.
