New York 2025-2026 Regular Session

New York Senate Bill S09158

Introduced
2/9/26  

Caption

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.

Impact

The enactment of S09158 would mark a significant regulatory shift towards protecting youth from excessive caffeine consumption, addressing public health concerns linked with hypertension and potential cardiovascular issues. Additionally, labeling requirements for dietary supplements will ensure consumers are informed about caffeine levels, reinforcing nutritional transparency and consumer choice. These changes reflect ongoing trends in legislative efforts to mitigate health risks associated with popular dietary items.

Summary

Bill S09158, introduced in February 2026, aims to enhance public health standards concerning caffeine consumption by establishing labeling requirements and safety warnings for food service establishments and dietary supplements. The bill mandates that any food or beverage containing significant amounts of caffeine must include clear disclosures on caffeine content and associated health risks, especially highlighting dangers for young consumers. Specifically, establishments with twenty or more locations must provide information on their menus about high caffeine content items, including advisory statements regarding recommended limits for daily caffeine intake.

Contention

Despite its intended benefits, Bill S09158 may face opposition from certain sectors concerned about regulatory overreach and the practical implications for food service operations. Critics may argue that the additional labeling requirements might complicate restaurant management and increase operational costs, particularly for those establishments that already follow stringent health guidelines. Moreover, how these regulations could affect consumer choice and the market for high-caffeine products is another point of contention, as opponents may predict an adverse impact on product availability and business practices.

Companion Bills

No companion bills found.

Previously Filed As

NY A3259

Requires retail food establishments to provide disclosures for certain caffeinated beverages.

NY SB2725

INDUST HEMP-CAFFEINATED BEV

NY HB1880

Prohibits public schools from selling certain caffeinated drinks to children

NY HB2377

In food protection, providing for caffeine safety.

NY HB396

An Act To Amend Title 16 Of The Delaware Code Relating To Caffeine Disclosure Requirements.

NY HB394

An Act To Amend Title 16 Of The Delaware Code Relating To The Purchase And Sale Of Energy Drinks And Caffeinnated Supplements.

NY HB2094

Relating to warning signs posted by certain food service establishments that prepare food items containing peanut products.

NY S10116

Requires food service establishments to provide clear notice to customers of major food allergens that are contained in any menu item of such food service establishment.

NY A11072

Requires food service establishments to provide clear notice to customers of major food allergens that are contained in any menu item of such food service establishment.

NY SB2624

Seafood labeling; food service establishments may use a clear legend.

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