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HB 396

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CAFFEINE DISCLOSURE REQUIREMENTS.

153rd General Assembly (2025-2026) Introduced by DeShanna Neal and 4 co-sponsors

Delaware HB 396 aims to require clear caffeine content disclosures on labeled products to improve consumer transparency and safety.

Amendment HA 3 to HS 1 - Introduced and Placed With Bill
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Bill Summary · HB 396

Summary of HB 396 (Delaware, 153rd General Assembly)

Title

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CAFFEINE DISCLOSURE REQUIREMENTS

Purpose and intent

HB 396 seeks to modify and clarify caffeine disclosure requirements under Delaware law. The bill’s overarching aim is to enhance transparency about caffeine content in consumer products, helping consumers make informed choices and enabling enforcement of labeling standards.

Key provisions and changes (as introduced)

  • Amendments to Title 16 of the Delaware Code, which governs consumer protection, labeling, and related consumer product disclosures.
  • Establishment, modification, or clarification of rules requiring disclosure of caffeine content on certain products.
  • Potentially broadening or specifying which products must disclose caffeine levels (e.g., beverages, foods, supplements, energy drinks, or other consumables) and the format of disclosure (front-of-package labeling, ingredient lists, or standardized caffeine quantity per serving).
  • Possible timelines for compliance, enforcement mechanisms, and penalties for noncompliance (e.g., civil penalties, corrective actions, or consumer remedies).
  • Allocation of regulatory responsibilities to a state department or agency (likely a health-related or consumer protection agency) for enforcement, monitoring, and guidance.

Note: The exact text of provisions and any numerical thresholds (such as required caffeine per serving disclosures, labeling formats, or sunset/phase-in schedules) are not provided in the summary available. The bill’s scope is centered on enhancing caffeine disclosure requirements.

Who would be affected

  • Manufacturers, distributors, and retailers of products containing caffeine that fall under the amended provisions.
  • Food and beverage companies, energy drink producers, supplement manufacturers, and any retailers that package or sell caffeinated products with labeling subject to Delaware law.
  • State regulatory agencies responsible for consumer protection, labeling compliance, and enforcement.
  • Consumers, who would benefit from clearer caffeine information to inform purchasing decisions.

Procedural and timeline aspects

  • Introduced and assigned to the Health & Human Development Committee in the House on April 30, 2026.
  • Co-sponsors: Rep. DeShanna Neal, Rep. Josue Ortega, and Rep. Cyndie Romer.
  • As an introduced bill, it will proceed through committee consideration, potential amendments, and, if advanced, floor votes in the House and Senate, followed by any necessary gubernatorial action.
  • Specific implementation dates, compliance timelines, and enforcement effective dates would be detailed in the bill’s text or accompanying fiscal notes, which are not provided here.

Practical implications

  • If enacted, businesses would need to review product labeling to ensure caffeine is disclosed according to the new requirements.
  • Potential costs associated with updating labels, updating packaging, and changing labeling processes.
  • Clearer labeling could reduce consumer confusion and improve safety by informing consumers with dietary restrictions, age considerations (e.g., minors), or caffeine sensitivity.

Notable considerations for readers

  • The bill’s impact depends on the final language, including which products are covered, the exact disclosure format, and any thresholds or exemptions.
  • Monitor for committee reports, amendments, and the eventual text to understand the precise obligations and penalties.

If you’d like, I can update this summary after the bill’s full text or committee reports are released to include exact provisions, timelines, and statutory references.

Compiled from official sources — confirm details with the bill’s official record.

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