Delaware General Assembly

Lieu/Substituted 6/4/26

If original bill has not been considered in committee, the substitute takes place of original bill. If original bill has been considered in committee, the substitute will be assigned to committee for consideration.

HS 1 for HB 394

4/30/26

Neal

Rep. Kamela Smith
Sen. Lockman

Reps. Romer, Minor-Brown

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PURCHASE AND SALE OF ENERGY DRINKS AND CAFFEINNATED SUPPLEMENTS.

This Act establishes a prohibition on the sale of energy drinks or caffeinated dietary supplements to minors. This Act does not prohibit a minor from possessing or consuming energy drinks or caffeinated dietary supplements. The Division of Public Health will be responsible for enforcement of this Act. A dealer who violates this provision will be: (1) issued a warning for the first offense; (2) fined no more than $50 for a second offense occurring not more than 1 year after the first; and (3) fined no more than $100 for a third or subsequent offense occurring not more than 1 year after a prior offense. This Act takes effect 1 year after enactment.

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