New York S 9158: Establishes certain caffeine safety warnings and labeling requirements

Bill Text

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S09158 Summary:

BILL NOS09158 

&nbsp

SAME ASNo Same As

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SPONSORWEIK

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COSPNSR

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MLTSPNSR

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Add §§1358 & 1359, Pub Health L; add §831-a, Gen Bus L

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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.

Go to top S09158 Actions:

BILL NOS09158 

&nbsp

02/09/2026REFERRED TO HEALTH

03/19/2026NOTICE OF COMMITTEE CONSIDERATION - REQUESTED

Go to topS09158 Committee&nbspVotes:

Go to topS09158 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09158 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9158

 IN SENATE

 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:

 1 Section 1. The public health law is amended by adding two new sections
 2 1358 and 1359 to read as follows:
 3 § 1358. Caffeine safety warnings for certain food service establish-
 4 ments. 1. Definitions. For the purposes of this section, the following
 5 terms shall have the following meanings:
 6 (a) "Covered establishment" means a food service establishment, as
 7 defined by section thirteen hundred fifty-six of this title, that is
 8 part of a chain with twenty or more locations within the state doing
 9 business under the same name, regardless of the type of ownership of the
 10 locations, and offering for sale substantially similar food items.
 11 (b) "Menu" means the primary writing of a covered establishment from
 12 which a customer makes an order selection, including but not limited to,
 13 breakfast, lunch, and dinner menus; dessert menus; beverage menus; chil-
 14 dren's menus; other specialty menus; electronic menus; and menus on the
 15 internet.
 16 (c) "Menu board" means a menu posted inside a covered establishment as
 17 well as a menu posted outside a covered establishment, including a
 18 drive-through menu.
 19 (d) "Menu item" means a food or beverage item offered for sale by a
 20 covered establishment that is listed on a menu or menu board, including
 21 a variable food or beverage item that comes in different flavors, varie-
 22 ties, or combinations and is listed as a single item.
 23 2. A covered establishment shall display a high caffeine warning next
 24 to menu items containing added caffeine and menu items with at least one
 25 hundred fifty milligrams of total caffeine per serving wherever such
 26 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

 1 be clearly disclosed in writing in milligrams on the menu or menu board
 2 and be provided to consumers upon request.
 3 3. Any covered establishment selling beverages containing added
 4 caffeine or at least one hundred fifty milligrams of total caffeine per
 5 serving shall display a highly visible sign containing the following
 6 safety warning: "WARNING: High Caffeine Content. Not Recommended for
 7 Consumption by Persons Under 18 Years of Age. Excessive intake may cause
 8 hypertension and increased risk of serious cardiovascular symptoms in
 9 young people."
 10 4. Any covered establishment selling beverages containing added
 11 caffeine or at least one hundred fifty milligrams of total caffeine per
 12 serving shall provide a separate "Caffeine-Free Options Menu" to consum-
 13 ers.
 14 § 1359. Caffeine labeling requirements for food. 1. Any food contain-
 15 ing more than ten milligrams of caffeine shall be labeled with:
 16 (a) the amount of caffeine per serving in milligrams;
 17 (b) whether the caffeine is naturally occurring or an additive; and
 18 (c) an advisory statement indicating that the recommended daily limit
 19 of caffeine for healthy adults is four hundred milligrams.
 20 2. Any foo