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HB 394

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PURCHASE AND SALE OF ENERGY DRINKS AND CAFFEINNATED SUPPLEMENTS.

153rd General Assembly (2025-2026) Introduced by Mara Gorman and 5 co-sponsors

Delaware HB 394 plans new rules on selling energy drinks and caffeinated supplements, including age restrictions, labeling, and enforcement to protect public health.

Assigned to Health & Social Services Committee in Senate
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Bill Summary · HB 394

Bill Summary: HB 394 (Delaware, 153rd Session)

Title

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PURCHASE AND SALE OF ENERGY DRINKS AND CAFFEINNATED SUPPLEMENTS

Purpose and Intent

HB 394 seeks to modify Delaware’s regulatory framework governing the purchase and sale of energy drinks and caffeinated supplements. While the bill text is not provided here, the title indicates changes to how energy drinks and caffeinated products are bought and sold, which commonly involve requirements such as age verification, labeling, safety standards, or restrictions on sales to certain groups (e.g., minors). The bill is assigned to the Health & Human Development Committee, suggesting a focus on public health and consumer protection aspects.

Key Provisions (as typically included in this policy area)

Note: The following points reflect common elements in similar Delaware energy drink/caffeinated supplement legislation. The exact provisions of HB 394 would be defined in the bill’s text, which is not provided here.

  • Age Restrictions: Potential limits on sales to individuals below a certain age (often 16, 18, or 21), with penalties for retailers who do not comply.
  • Product Standards and Labeling: Requirements for labels to disclose caffeine content, ingredients, and potential health risks; possible prohibition of misrepresentation of products as non-caffeinated.
  • Marketplace Oversight: Authority for a state department (likely the Department of Health and Social Services or a related agency) to regulate, inspect, or enforce compliance in retail settings.
  • Warning Statements: Mandated warnings about caffeine content, sugar content, or interactions with alcohol or medications.
  • Enforcement and Penalties: Specific penalties for violations (fines, suspension of license to sell, or other sanctions), and mechanisms for enforcement.
  • Public Education and Outreach: Provisions to inform the public about health risks associated with excessive caffeine consumption, especially for youth or vulnerable populations.
  • Effective Date and Transition: Timelines for when new requirements take effect (e.g., 6–12 months after enactment) and any phase-in periods.

Who/What Is Affected

  • Retailers and Vendors: Stores, gas stations, online sellers, and other outlets that sell energy drinks and caffeinated supplements.
  • Consumers: Particularly minors or young adults, depending on the age restrictions and consumer protections adopted.
  • Manufacturers and Distributors: Entities responsible for labeling, marketing, and distributing caffeinated products within Delaware.
  • State Agencies: Agencies responsible for enforcement, labeling compliance, and public health messaging.

Procedural and Timeline Considerations

  • Legislative Step: Introduced on 2026-04-30 and assigned to the Health & Human Development Committee in the House.
  • Committee Review: The bill will be examined for public health impact, feasibility, and compliance implications, with potential testimony from stakeholders (public health experts, retailers, consumer groups).
  • Potential Amendments: As a committee bill, HB 394 could be amended before floor consideration to adjust scope, penalties, or enforcement mechanisms.
  • Implementation Timeline: If enacted, there will typically be a specified effective date and a transition period to allow retailers to comply (commonly 6–12 months).

Additional Considerations

  • The bill’s impact will depend on the exact language, including the age threshold, enforcement authority, and specific labeling or safety requirements.
  • Stakeholders may include youth advocacy groups, retail associations, health professionals, and consumer protection groups.

If you can provide the full text or specific sections of HB 394, I can generate a more precise, clause-by-clause summary with exact provisions, dates, and penalties.

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

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