HB 5261 — AN ACT CONCERNING THE CONSUMPTION OF ENERGY DRINKS BY CHILDREN.

House of Representatives General Assembly File No.

37621 General Assembly February Session, 20242024Reprint Houseof BillFile No.

526137) House ofBill Representatives,No. March 14, 2024 The Committee on Children reported through REP.

LINEHAN5261 ofAs theAmended 103rdby Dist.,House ChairpersonAmendment ofSchedules the"B" Committeeand on"D" Approved by the partLegislative ofCommissioner theApril House,29, that2024 theAN billACT oughtCONCERNING toTHE pass.CONSUMPTION OF ENERGY DRINKS BY CHILDREN.

AN ACT PROHIBITING THE SALE OF ENERGY DRINKS TO INDIVIDUALS UNDER SIXTEEN YEARS OF AGE.

(NEW) (Effective Octoberfrom 1,passage) 2024) (a) AsFor usedthe inpurposes of this section:section, "energy drink" means a soft drink that contains (1) not less than eighty milligrams of caffeine per nine fluid ounces, and (2) methylxanthines, B vitamins, one or more herbal ingredients or an ingredient labeled "energy blend", and "social media" has the same meaning as provided in section 9-601 of the general statutes.

(b) There is established a working group to (1) "Dealer"study meansthe any(A) individual,medical firm,risks fiduciary,associated partnership,with corporation,energy limiteddrink liabilityconsumption company,by trustchildren, orand association(B) engagedanticipated ineffects of a prohibition on the businesssale of selling energy drinks to retailchildrenon(i)thestate-widesaleofenergydrinks,and(ii)publichealth, consumersand in(2) themake state;recommendations for (A) a public awareness campaign concerning such risks, that includes, but is not limited to, a video recording for publication or broadcast on television and social media, HB5261 / File No.

(2)621 "EnergyHB5261 drink"File meansNo. a soft drink that contains (A) not less than eighty milligrams of caffeine per nine fluid ounces, and (B) methylxanthines, B vitamins, one or more herbal ingredients or an ingredient labeled "energy blend";

and621 (3)(B) "Sale"notice orto "sell"be meansposted at the actpoint of exchangingsale anof energy drinkdrinks forin consideration.retail establishments alerting consumers to such risks, and (C) a one-page document explaining such risks.

(b)(c) OnThe andworking aftergroup Januaryshall 1,include, 2025,but nonot dealerbe shalllimited sellto, anthe energyfollowing drinkmembers, towho anshall individualbe underselected sixteenjointly yearsby the Commissioners of age.Public Health and Consumer Protection:

Each(1) dealer,The chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to children and public health, (2)anindividualwithexpertise inadvertising andmarketing,(3) a parent or suchguardian dealer'sof HB5261a /child Filewho No.experienced adverse health conditions or died due to the consumption of energy drinks, (4) a pediatric cardiologist, (5) a representative of a state-wide chapter of a national association of pediatricians, (6) a representative of a state-wide governing body for interscholastic athletic activities, (7) a representative of the Connecticut Children's Medical Center, (8) a representative of a state-wide association of food retailers, wholesalers, distributors and service providers, (9) a representative of a manufacturer of energy drinks, (10) the Commissioner of Public Health, or the commissioner's designee;and(11)alicensedathletictrainer.Thecommissioners,ortheir designees, shall serve as cochairpersons of the working group.

37The 1administrative HB5261staff Fileof No.the joint standing committee of the General Assembly having cognizance of matters relating to children shall serve as administrative staff of the working group.

37(d) agentNot orlater employee,than November 1, 2024, the working group shall requiresubmit anya individualreport whoon isits attemptingstudy and recommendations to purchasethe anjoint energystanding drink,committees whoseof agethe isGeneral inAssembly question,having cognizance of matters relating to presentchildren, apublic validhealth motorvehicleand operator'slicense,consumer identityprotection cardissuedpursuantin toaccordance with the provisions of section 1-1h11-4a of the general statutesstatutes. or passport.

IfSec. an individual fails to present such license, card or passport, such dealer or dealer's agent shall not sell an energy drink to such individual.

(c)2. On and after January 1, 2025, each dealer shall place and maintain, in legible condition at each point of sale of energy drinks to consumers, a notice that states that the sale of energy drinks to any individual under sixteen years of age is prohibited by this section.

(d)(NEW) Any(Effective dealerJuly who1, violates2024) (a) For the provisionspurposes of this sectionsection, shall"energy bedrink" (1)means issued a warningsoft fordrink thethat firstcontains offense,(1) (2) fined not moreless than twoeighty hundredmilligrams dollarsof forcaffeine aper secondnine offensefluid occurringounces, not more than two years after the first offense, and (3)(2) finedmethylxanthines, notB morevitamins, thanone three hundred fifty dollars for a third or subsequent offense occurring not more thanherbal twoingredients yearsor afteran aingredient priorlabeled offense."energy blend".

(e)HB5261 The/ CommissionerFile ofNo. Consumer Protection shall have the power to enforce the provisions of this section.

621 HB5261 File No.

621 (b) Not later than December 1, 2024, the Department of Consumer Protection shall develop signage alerting consumers to the medical risks associated with energy drink consumption by children and make a copy of such signage available on the department's Internet web site.

Such signage shall incorporate the recommendations submitted by the working group established pursuant to section 1 of this act.

(c) On and after January 1, 2025, each individual, firm, fiduciary, partnership, corporation, limited liability company, trust or association engaged in the business of selling energy drinks to retail consumers in thestateshallpostacopyofthenoticedevelopedpursuanttosubsection (b) of this section in a conspicuous place at the point of sale of such energy drinks.

Sec.

3.

(NEW) (Effective July 1, 2024) Not later than January 1, 2025, the working group established pursuant to section 1 of this act shall, in consultation with the Department of Public Health, develop a one-page document explaining the medical risks associated with energy drink consumption by children.

The Department of Public Health shall make a copy of such document available on the department's Internet web site.

Such document shall incorporate the recommendations submitted by the working group.

For the purposes of this section, "energy drink" means a soft drink that contains (1) not less than eighty milligrams of caffeine per nine fluid ounces, and (2) methylxanthines, B vitamins, one or more herbal ingredients or an ingredient labeled "energy blend".

Section 1 Octoberfrom 1,passage 2024 New section KIDSec. Joint Favorable HB5261 / File No.

37 2 HB5261July File1, No.2024 New section Sec.

373 TheJuly following1, Fiscal2024 ImpactNew Statementsection andHB5261 Bill/ AnalysisFile areNo. prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

621 HB5261 File No.

621 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

AgencyNone AffectedMunicipal Fund-EffectImpact: FY 25 $ FY 26 $ Consumer Protection, Dept.

GFNone -Explanation CostThe 364,167bill 476,833makes Statevarious Comptrollerchanges -regarding Fringeenergy GFdrink -regulations Costresulting 139,424in 185,899no Benefitsfiscal Resourcesimpact ofto the Generalstate. Fund GF - Potential See Below See Below Revenue Gain Note:

GF=GeneralSection Fund1 Municipalcreates Impact:a working group to study the risk associated with energy drink consumption by children and the anticipated effects of a prohibition on the sale of energy drinks to children resulting in no fiscal impact because the working group has the expertise to meet the requirements of the bill.

NoneSections Explanation2 Theand bill3 bansrequire the saleDepartment of energyConsumer drinksProtection (DCP) to individualsdevelop undersignage regarding the agemedical risks of sixteenenergy drinks and requires the Departmentworking ofgroup Consumer Protection (DCP) to enforcedevelop thea banone-page resultingdocument inexplaining athe totalmedical costrisks toof theenergy statedrink ofconsumption $503,591resulting in FYno 25fiscal 2impact because DCP and $662,732the inworking FYgroup 26have andthe aexpertise potentialto revenuemeet gain.these requirements.

ToHouse meet"B" thestrikes requirements of the underlying bill DCP will need to hire six new employees for a salary and otherits expensesassociated costfiscal ofimpact $364,167resulting in FYthe 25impact anddescribed $476,833above. in FY 26, along with corresponding fringe benefits costs of $139,424 in FY 25 and $185,899 in FY 26.

TheHouse additional"D" employeesalters arethe neededcomposition toof regulate the marketworking throughgroup inspections,resulting monitoringin compliance,no receivingfiscal andimpact investigatingto complaints, and educating the public.state.

To the extent there are multiple violations from the same dealer The fringeOut benefitYears costsState forImpact: most state employees are budgeted centrally in accounts administered by the Comptroller.

TheNone estimatedMunicipal activeImpact: employee fringe benefit cost associated with most personnel changes is 41.25% of payroll in FY 25.