Delaware’s House of Representatives Passes Caffeine Warning Signage Bill

Under the bill, the Division of Public Health would be required to create and provide signage for retailers selling energy drinks or caffeinated dietary supplements. The signage must state that “energy drinks and caffeinated dietary supplements are not recommended for children, individuals sensitive to caffeine, and individuals who are pregnant or nursing.” Notably, the bill encourages, but does not require, retailers to display the signage next to the energy drinks and caffeinated dietary supplements.

This bill is a modification of earlier versions, which would have required retailers to display signage in a publicly visible location next to energy drinks and caffeinated dietary supplements. The original bill had stricter provisions, prohibiting retailers from selling these products to minors and requiring individuals whose age was in question to present a valid form of identification.

Delaware’s HS1 for HB394 reflects a broader trend of states adopting legislation that mandates warning signage in retail settings for foods and beverages containing caffeine. For example, in April, Pennsylvania introduced HB2377, which would require retail food facilities to “clearly and conspicuously display a disclosure” for beverages on the menu containing at least 80 milligrams of caffeine per serving.