Sen. Lachman backs ban on sale of high‑caffeine 'energy drinks' on school campuses
June 24, 2026 | 2026 Legislature DE, Legislative, Delaware
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Senator Lachman presented House Bill 4-59, with House Amendment 1, to prohibit the sale of beverages that both contain caffeine and are advertised as energy drinks on public middle‑ and high‑school campuses during school hours and school events.
The sponsor said the measure is intended to protect children and adolescents from products “specifically created and marketed for excessive caffeine consumption,” citing recommendations from the American Academy of Pediatrics that adolescents consume less than 100 milligrams of caffeine per day and reports of students sent to school nurses or emergency departments after excessive consumption.
The bill’s amendment clarifies that the prohibition targets the sale of qualifying energy drinks on campus and at school events; it does not criminalize possession or consumption of an energy drink purchased off campus and brought onto campus. The sponsor also noted the bill excludes beverages that contain caffeine solely from coffee or tea.
During committee questioning, members sought clarity on which beverages the bill covers. Lisa Henry of the Department of Education explained the statutory definition in the bill requires two elements: the beverage must contain caffeine and be advertised as designed to provide energy. That combination, the witness said, excludes ordinary caffeinated soft drinks unless they are marketed as energy products.
On public health testimony, Dr. Cedric Barnes, a family physician speaking for the Medical Society of Delaware, urged support, saying adolescent energy‑drink consumption poses risks including anxiety, elevated heart rate and blood pressure, dehydration and increased emergency‑room visits. “These drinks pose real health risks for young people,” he said.
Representatives of the beverage industry said many companies already limit products in the K–12 space. Stephanie Harvey, representing the Maryland‑Delaware‑DC Beverage Association, told the committee that companies voluntarily provide lower‑sugar and noncaffeinated options in K–8 and that voluntary nutrition programs have been in place for two decades.
The committee did not take a recorded committee vote on HB 4-59 during this hearing. The bill was presented, discussed, and received in‑person and virtual public comment before the committee moved to its next item.
The sponsor said the measure is intended to protect children and adolescents from products “specifically created and marketed for excessive caffeine consumption,” citing recommendations from the American Academy of Pediatrics that adolescents consume less than 100 milligrams of caffeine per day and reports of students sent to school nurses or emergency departments after excessive consumption.
The bill’s amendment clarifies that the prohibition targets the sale of qualifying energy drinks on campus and at school events; it does not criminalize possession or consumption of an energy drink purchased off campus and brought onto campus. The sponsor also noted the bill excludes beverages that contain caffeine solely from coffee or tea.
During committee questioning, members sought clarity on which beverages the bill covers. Lisa Henry of the Department of Education explained the statutory definition in the bill requires two elements: the beverage must contain caffeine and be advertised as designed to provide energy. That combination, the witness said, excludes ordinary caffeinated soft drinks unless they are marketed as energy products.
On public health testimony, Dr. Cedric Barnes, a family physician speaking for the Medical Society of Delaware, urged support, saying adolescent energy‑drink consumption poses risks including anxiety, elevated heart rate and blood pressure, dehydration and increased emergency‑room visits. “These drinks pose real health risks for young people,” he said.
Representatives of the beverage industry said many companies already limit products in the K–12 space. Stephanie Harvey, representing the Maryland‑Delaware‑DC Beverage Association, told the committee that companies voluntarily provide lower‑sugar and noncaffeinated options in K–8 and that voluntary nutrition programs have been in place for two decades.
The committee did not take a recorded committee vote on HB 4-59 during this hearing. The bill was presented, discussed, and received in‑person and virtual public comment before the committee moved to its next item.
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