BILL NUMBER:S1641

TITLE OF BILL:

An act to amend the public health law and the general business law, in
relation to prohibiting the sale of powdered pure caffeine

PURPOSE:

This bill would ban the sale and distribution of powdered pure
caffeine in the state.

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