Bill > A6072

This bill requires retail food establishments in New Jersey to clearly disclose high-caffeine beverages on their menus, including both standard and temporary menu items. Specifically, any beverage containing 80 milligrams or more of caffeine per serving must have a "High caffeine" warning or similar approved symbol directly next to its name on all menus, including drive-through menu boards. The bill defines "menu" broadly to include printed lists, electronic menus, and menu boards in various formats. Establishments that violate this requirement can be fined between $200 and $500 for a first offense, and $500 to $1,000 for subsequent offenses. The Department of Health or local health boards will enforce these regulations, and penalties will be paid into state or municipal treasuries. Importantly, the bill preempts local governments from creating additional regulations about high-caffeine beverage disclosures and explicitly states that there is no private right of action against food establishments for non-compliance. The law will take effect ten months after enactment, allowing businesses time to adjust their menus, and the Commissioner of Health is authorized to create implementing regulations.

Business and Industry

https://www.njleg.state.nj.us/bill-search/2024/A6072