Prohibits the sale and distribution of powdered pure caffeine

Summary of provisions

Section one adds a new Article 33-B to the Public Health Law which defines powdered pure caffeine, prohibits the sale, offering, giving or distributing of pure powdered caffeine and makes a violation of this provision subject to a fine not to exceed one thousand dollars. This section would not apply to any product which is manufactured to contain caffeine in accordance with the rules and regulations of the United States Food and Drug Administration (FDA).

Section two adds a new § 390-d to the General Municipal law defining powdered pure caffeine, prohibiting the sale, offering, giving or distributing of such punishable by a fine not to exceed one thousand dollars, unless the product is manufactured to contain caffeine in accordance with FDA regulations.

Section three provides that this act shall take effect immediately.

Justification

This bill prohibits the sale and distribution of powdered pure caffeine in the state. Pure powder caffeine, which is essentially 100% caffeine, is being sold as a dietary supplement to increase energy levels and metabolism. While caffeine is commonly thought of as a safe and natural stimulant, pure caffeine is a very powerful stimulant and even small amounts can result in accidental overdoses. A teaspoon of pure caffeine is equivalent to approximately 25 cups of coffee. It is nearly impossible to adequately measure the substance using ordinary kitchen tools, and a small amount can make a big difference. A caffeine overdose can result in rapid or erratic heartbeat, seizures and in the worse cases, death. Once the caffeine hits the blood stream, it remains in the system for 24 hours, even with medical intervention.

There have already been as many as 18 reported deaths, and many more suspected, as a result of pure powder caffeine. In May, an Ohio teen, having a busy week at school, died after ingesting about 23 times the amount of caffeine found in a coffee or soda, which was less than a teaspoon of powdered pure caffeine. The teen and his parents, as most other citizens, were unaware of the dangers of this substance.

Since pure powder caffeine is typically marketed as a dietary supplement, unlike the caffeine added to soda it is completely unregulated by the FDA. The FDA has issued a safety alert notifying consumers of the potentially high potency of these products, and

making parents aware of the risk to teens and young adults in light of the perceived benefits of these substances. The FDA is allegedly building a legal case against those marketing this product. The Deputy Commissioner of Foods, Michael Taylor, was recently quoted stating that it is "inherently irresponsible" to market this potentially dangerous product and that the FDA will pursue all legal options against those selling this product. However, families suffering from the loss of loved ones and advocates such as the Center for Science in the Public Interest continue to fight for the ban of retail distribution of this product.

In November, 2014 Suffolk county became the first area in the nation to adopted a local ban on the sale of powder caffeine to those under 18 years old. Similar legislation has been introduced in New Jersey.

While the dangers of pure powdered caffeine are not broadly understood, these products are widely available online and in stores with little or no warning. The unfortunate recent deaths have highlighted the need for government interaction. New Yorkers cannot wait for the FDA to act. This legislation will prohibit the sale and distribution of the substances within the state, giving both municipalities and health officials concurrent jurisdiction to enforce the provisions. The bill also clarifies that products such as soda and energy drinks containing caffeine which are currently regulated by the FDA would not be subject to these provisions.

Legislative history

New bill.

Fiscal implications

None.

Effective date

Immediately