On June 11, 2026, the Delaware House of Representatives passed HS1 for HB394, a bill targeting energy drink and caffeinated supplement retailers.
Under the legislation, Delaware’s Division of Public Health would be required to create and distribute warning signage for retailers selling energy drinks or caffeinated dietary supplements.
The required signage must state that “energy drinks and caffeinated dietary supplements are not recommended for children, individuals sensitive to caffeine, and individuals who are pregnant or nursing.”
Retailers are encouraged, but not legally obligated, to display the signage next to the relevant products on their shelves.
This approach marks a significant softening compared to earlier versions of the bill, which contained far stricter requirements for retailers across the state.
The original bill would have required retailers to display signage in a publicly visible location directly next to energy drinks and caffeinated dietary supplements at all times.
Earlier provisions also prohibited retailers from selling these products to minors and required age verification through a valid form of identification for customers whose age was uncertain.
Those stricter measures were removed during the legislative process, resulting in the more permissive version that ultimately passed the House.
Delaware’s move reflects a growing pattern among US states seeking to introduce caffeine-related warning legislation in retail and food service settings.
Pennsylvania introduced a comparable measure in April 2026, with HB2377 proposing that retail food facilities clearly and conspicuously display a disclosure for beverages on the menu containing at least 80 milligrams of caffeine per serving.
The trend suggests lawmakers across the country are increasingly focused on consumer awareness around caffeine consumption, particularly for vulnerable groups including children and pregnant individuals.