NY State Senate Bill 2025-S9158

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 19, 2026	notice of committee consideration - requested
Feb 09, 2026	referred to health

2025-S9158 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §§1358 & 1359, Pub Health L; add §831-a, Gen Bus L

2025-S9158 (ACTIVE) - Summary

Establishes certain caffeine safety warnings for covered establishments for items with high caffeine; establishes caffeine labeling requirements for food and dietary supplements containing certain amounts of caffeine per serving.

2025-S9158 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9158

SPONSOR: WEIK
 
TITLE OF BILL:

An act to amend the public health law and the general business law, in
relation to establishing certain caffeine safety warnings and labeling
requirements

 
PURPOSE:

To require clear caffeine safety warnings and labeling disclosures for
certain food service establishments, foods, and dietary supplements in
order to better inform consumers.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public health law by adding new sections 1358 and
1359 establishing caffeine warning and labeling requirements for certain
food service establishments and food products. The section requires
large chain food service establishments to disclose caffeine content on
menus and menu boards for items containing added caffeine or high levels

of caffeine and to display standardized safety warnings. It also
requires such establishments to provide caffeine-free options menus. The
section further establishes labeling requirements for food containing
caffeine, including disclosure of caffeine content, source, advisory
statements regarding recommended daily limits, and warnings for products
with higher caffeine levels, including digital labeling requirements.

Section 2 amends the general business law by adding a new section,
831-a, establishing caffeine labeling requirements for dietary supple-
ments. The section requires disclosure of caffeine content, identifica-
tion of whether caffeine is naturally occurring or added, and advisory
statements regarding recommended daily intake. It also requires addi-
tional warnings for supplements with higher caffeine levels, including
advisories related to youth consumption and high caffeine designations
for online and mobile sales platforms.

Section 3 provides that the act shall take effect one year after it
becomes law and authorizes rulemaking and regulatory actions necessary
to implement the act prior to the effective date.

 
JUSTIFICATION:

Caffeine is widely present in foods, beverages, and dietary supplements,
often at level that may be harmful to children and adolescents. Young
people are particularly vulnerable to the effects of excessive caffeine
intake, yet many high-caffeine products are sold without clear or
consistent warnings. This bill promotes transparency by requiring visi-
ble safety warnings and accurate labeling, allowing parents and minors
to better understand caffeine content and associated risks. Providing
clear information at the point of sale helps prevent unintentional over-
consumption by minors.  The legislation supports informed decision-mak-
ing and advances consumer safety for young people.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effective one year after it becomes law and author-
izes rulemaking and regulatory actions necessary to implement the act
prior to the effective date.

2025-S9158 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9158
 
                             I N  S E N A T E
 
                             February 9, 2026
                                ___________
 
 Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the general business  law,  in
   relation to establishing certain caffeine safety warnings and labeling
   requirements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding two new sections
 1358 and 1359 to read as follows:
   § 1358. CAFFEINE SAFETY WARNINGS FOR CERTAIN FOOD  SERVICE  ESTABLISH-
 MENTS.  1.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "COVERED ESTABLISHMENT" MEANS A  FOOD  SERVICE  ESTABLISHMENT,  AS
 DEFINED  BY  SECTION  THIRTEEN  HUNDRED FIFTY-SIX OF THIS TITLE, THAT IS
 PART OF A CHAIN WITH TWENTY OR MORE LOCATIONS  WITHIN  THE  STATE  DOING
 BUSINESS UNDER THE SAME NAME, REGARDLESS OF THE TYPE OF OWNERSHIP OF THE
 LOCATIONS, AND OFFERING FOR SALE SUBSTANTIALLY SIMILAR FOOD ITEMS.
   (B)  "MENU"  MEANS THE PRIMARY WRITING OF A COVERED ESTABLISHMENT FROM
 WHICH A CUSTOMER MAKES AN ORDER SELECTION, INCLUDING BUT NOT LIMITED TO,
 BREAKFAST, LUNCH, AND DINNER MENUS; DESSERT MENUS; BEVERAGE MENUS; CHIL-
 DREN'S MENUS; OTHER SPECIALTY MENUS; ELECTRONIC MENUS; AND MENUS ON  THE
 INTERNET.
   (C) "MENU BOARD" MEANS A MENU POSTED INSIDE A COVERED ESTABLISHMENT AS
 WELL  AS  A  MENU  POSTED  OUTSIDE  A COVERED ESTABLISHMENT, INCLUDING A
 DRIVE-THROUGH MENU.
   (D) "MENU ITEM" MEANS A FOOD OR BEVERAGE ITEM OFFERED FOR  SALE  BY  A
 COVERED  ESTABLISHMENT THAT IS LISTED ON A MENU OR MENU BOARD, INCLUDING
 A VARIABLE FOOD OR BEVERAGE ITEM THAT COMES IN DIFFERENT FLAVORS, VARIE-
 TIES, OR COMBINATIONS AND IS LISTED AS A SINGLE ITEM.
   2. A COVERED ESTABLISHMENT SHALL DISPLAY A HIGH CAFFEINE WARNING  NEXT
 TO MENU ITEMS CONTAINING ADDED CAFFEINE AND MENU ITEMS WITH AT LEAST ONE
 HUNDRED  FIFTY  MILLIGRAMS  OF  TOTAL CAFFEINE PER SERVING WHEREVER SUCH
 MENU ITEM IS LISTED ON A MENU OR MENU BOARD. SUCH CAFFEINE CONTENT SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14347-02-6

 S. 9158                             2
 
 BE CLEARLY DISCLOSED IN WRITING IN MILLIGRAMS ON THE MENU OR MENU  BOARD
 AND BE PROVIDED TO CONSUMERS UPON REQUEST.
   3.  ANY  COVERED  ESTABLISHMENT  SELLING  BEVERAGES  CONTAINING  ADDED
 CAFFEINE OR AT LEAST ONE HUNDRED FIFTY MILLIGRAMS OF TOTAL CAFFEINE  PER
 SERVING  SHALL  DISPLAY  A  HIGHLY VISIBLE SIGN CONTAINING THE FOLLOWING
 SAFETY WARNING: "WARNING: HIGH CAFFEINE  CONTENT.  NOT  RECOMMENDED  FOR
 CONSUMPTION BY PERSONS UNDER 18 YEARS OF AGE. EXCESSIVE INTAKE MAY CAUSE
 HYPERTENSION  AND  INCREASED  RISK OF SERIOUS CARDIOVASCULAR SYMPTOMS IN
 YOUNG PEOPLE."
   4.  ANY  COVERED  ESTABLISHMENT  SELLING  BEVERAGES  CONTAINING  ADDED
 CAFFEINE  OR AT LEAST ONE HUNDRED FIFTY MILLIGRAMS OF TOTAL CAFFEINE PER
 SERVING SHALL PROVIDE A SEPARATE "CAFFEINE-FREE OPTIONS MENU" TO CONSUM-
 ERS.
   § 1359. CAFFEINE LABELING REQUIREMENTS FOR FOOD. 1. ANY FOOD  CONTAIN-
 ING MORE THAN TEN MILLIGRAMS OF CAFFEINE SHALL BE LABELED WITH:
   (A) THE AMOUNT OF CAFFEINE PER SERVING IN MILLIGRAMS;
   (B) WHETHER THE CAFFEINE IS NATURALLY OCCURRING OR AN ADDITIVE; AND
   (C)  AN ADVISORY STATEMENT INDICATING THAT THE RECOMMENDED DAILY LIMIT
 OF CAFFEINE FOR HEALTHY ADULTS IS FOUR HUNDRED MILLIGRAMS.
   2. ANY FOOD CONTAINING MORE THAN ONE HUNDRED  MILLIGRAMS  OF  CAFFEINE
 PER SERVING SHALL BE LABELED WITH ADVISORY STATEMENTS INDICATING THAT:
   (A)  EXCESSIVE  CAFFEINE  INTAKE  MAY CAUSE HYPERTENSION AND INCREASED
 RISK OF SERIOUS CARDIOVASCULAR SYMPTOMS IN YOUNG PEOPLE; AND
   (B) MORE THAN ONE HUNDRED MILLIGRAMS OF CAFFEINE PER  SERVING  IS  NOT
 RECOMMENDED FOR SALE TO PERSONS UNDER EIGHTEEN YEARS OF AGE.
   3.  ANY  FOOD  CONTAINING ADDED CAFFEINE OR AT LEAST ONE HUNDRED FIFTY
 MILLIGRAMS OF TOTAL CAFFEINE PER SERVING SHALL BE LABELED WITH:
   (A) A HIGH CAFFEINE DESIGNATION ON ANY MOBILE APPLICATION OR  WEBSITE;
 AND
   (B) AN ADVISORY STATEMENT INDICATING THAT SUCH FOOD IS NOT RECOMMENDED
 FOR CHILDREN.
   4.  ANY  LABEL, ADVISORY STATEMENT, AND/OR CAFFEINE CONTENT DISCLOSURE
 REQUIRED TO APPEAR ON FOOD IN ACCORDANCE WITH THIS SECTION SHALL BE:
   (A) DISPLAYED IN A PROMINENT AND CONSPICUOUS MANNER;
   (B) SET IN A FONT SIZE NO SMALLER THAN  THE  FONT  SIZE  USED  IN  THE
 "NUTRITION FACTS" PANEL OR THE MOST PROMINENT DIETARY INFORMATION ON THE
 LABEL; AND
   (C)  LOCATED  IMMEDIATELY  ADJACENT TO OR WITHIN THE "NUTRITION FACTS"
 PANEL.
   § 2. The general business law is amended by adding a new section 831-a
 to read as follows:
   § 831-A. CAFFEINE LABELING REQUIREMENTS FOR  DIETARY  SUPPLEMENTS.  1.
 FOR  THE  PURPOSES  OF THIS SECTION, "DIETARY SUPPLEMENT" SHALL HAVE THE
 SAME MEANING AS IN SECTION EIGHT HUNDRED THIRTY-ONE OF THIS ARTICLE.
   2. ANY DIETARY SUPPLEMENT  CONTAINING  MORE  THAN  TEN  MILLIGRAMS  OF
 CAFFEINE SHALL BE LABELED WITH:
   (A) THE AMOUNT OF CAFFEINE PER SERVING IN MILLIGRAMS;
   (B) WHETHER THE CAFFEINE IS NATURALLY OCCURRING OR AN ADDITIVE; AND
   (C)  AN ADVISORY STATEMENT INDICATING THAT THE RECOMMENDED DAILY LIMIT
 OF CAFFEINE FOR HEALTHY ADULTS IS FOUR HUNDRED MILLIGRAMS.
   3. ANY DIETARY SUPPLEMENT CONTAINING MORE THAN ONE HUNDRED  MILLIGRAMS
 OF  CAFFEINE PER SERVING SHALL BE LABELED WITH ADVISORY STATEMENTS INDI-
 CATING THAT:
   (A) EXCESSIVE CAFFEINE INTAKE MAY  CAUSE  HYPERTENSION  AND  INCREASED
 RISK OF SERIOUS CARDIOVASCULAR SYMPTOMS IN YOUNG PEOPLE; AND
 S. 9158                             3
 
   (B)  MORE  THAN  ONE HUNDRED MILLIGRAMS OF CAFFEINE PER SERVING IS NOT
 RECOMMENDED FOR SALE TO PERSONS UNDER EIGHTEEN YEARS OF AGE.
   4.  ANY  DIETARY  SUPPLEMENT CONTAINING ADDED CAFFEINE OR AT LEAST ONE
 HUNDRED FIFTY MILLIGRAMS OF TOTAL CAFFEINE PER SERVING SHALL BE  LABELED
 WITH:
   (A)  A HIGH CAFFEINE DESIGNATION ON ANY MOBILE APPLICATION OR WEBSITE;
 AND
   (B) AN ADVISORY STATEMENT  INDICATING  THAT  SUCH  SUPPLEMENT  IS  NOT
 RECOMMENDED FOR CHILDREN.
   5.  ANY  LABEL, ADVISORY STATEMENT, AND/OR CAFFEINE CONTENT DISCLOSURE
 REQUIRED TO APPEAR ON A  DIETARY  SUPPLEMENT  IN  ACCORDANCE  WITH  THIS
 SECTION SHALL BE:
   (A) DISPLAYED IN A PROMINENT AND CONSPICUOUS MANNER;
   (B)  SET  IN  A  FONT  SIZE  NO SMALLER THAN THE FONT SIZE USED IN THE
 "SUPPLEMENT FACTS" PANEL OR THE MOST PROMINENT  DIETARY  INFORMATION  ON
 THE LABEL; AND
   (C)  LOCATED  IMMEDIATELY ADJACENT TO OR WITHIN THE "SUPPLEMENT FACTS"
 PANEL.
   § 3. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.

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Senate Bill S9158

Sponsored By

Current Bill Status - In Senate Committee Health Committee

Actions

2025-S9158 (ACTIVE) - Details

2025-S9158 (ACTIVE) - Summary

2025-S9158 (ACTIVE) - Sponsor Memo

2025-S9158 (ACTIVE) - Bill Text download pdf

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Sponsored By

Alexis Weik

Current Bill Status - In Senate Committee Health Committee

Actions

2025-S9158 (ACTIVE) - Details

2025-S9158 (ACTIVE) - Summary

2025-S9158 (ACTIVE) - Sponsor Memo

2025-S9158 (ACTIVE) - Bill Text download pdf

Comments