DOVER, Del. - Delaware lawmakers are considering two new measures aimed at limiting access to energy drinks and increasing awareness about their potential health effects, particularly among children and teenagers.
One proposal would ban the sale of energy drinks on public school campuses, while another would require warning signs to be displayed where energy drinks and certain high-caffeine supplements are sold.
House Bill 459, sponsored by State Rep. DeShanna Neal (D) and State Sen. and Majority Whip S. Elizabeth Lockman (D), would prohibit the sale of energy drinks at Delaware public middle and high schools during the regular school day and during after-school activities, including sports, clubs, dances, and other school-sponsored events. The bill defines energy drinks as beverages containing caffeine that are marketed as providing energy and generally include ingredients such as B vitamins and herbal additives. Coffee- and tea-based beverages would not be included under the definition.
Meanwhile, House Substitute 1 for House Bill 394 takes a different approach than the original legislation introduced earlier this year. Rather than restricting sales based on age, the substitute bill would require the Delaware Division of Public Health to create warning signs stating that energy drinks and caffeinated dietary supplements are not recommended for children, people sensitive to caffeine, or individuals who are pregnant or nursing. Retailers would then be required to display those signs next to the products.
The substitute legislation also applies to caffeinated dietary supplements containing more than 100 milligrams of caffeine per serving, including products sold in tablet, capsule, powder or liquid form.
The bill cites recommendations from the American Academy of Pediatrics advising that children under 12 avoid caffeine entirely and that adolescents ages 12 to 18 consume less than 100 milligrams of caffeine per day.
If enacted, the signage requirements under House Substitute 1 for House Bill 394 would take effect one year after the bill becomes law.
Both measures were introduced in the Delaware General Assembly on Thursday, June 4, and await further consideration by lawmakers.
