HB 394 Delaware House · 153rd General Assembly (2025-2026)

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

Summary
This House Substitute for House Bill No. 394 creates a process for which the Division of Public Health creates signage stating that energy drinks and caffeinated dietary supplements are not recommended for children, individuals sensitive to caffeine, pregnant women, or women who are nursing. Dealers of energy drinks and caffeinated dietary supplements are then required to display the sign in a publicly visible location next to the products.
Bill status passed 3 of 5 stages cleared
Introduction
Jun 2026
Committee Review
House Passage
Jun 2026
Senate Passage
Governor
Introduced Jun 4, 2026 Last action Jun 11, 2026
Maddy AI version diff · 1 comparison

What changed between versions

HA 1 to HS 1 for HB 394 Bill Text · 6 edits
MODERATE
The bill transitioned from a minor House Amendment (which softened language by changing 'must' to 'is encouraged to') into a full House Substitute that establishes an entirely new chapter in the Delaware Code. The substitute creates specific definitions for energy drinks and caffeinated dietary supplements, requires the Division of Public Health to produce warning signage, and mandates that dealers display those signs next to the products on sale.
Scope change
The bill went from being a minor language tweak to an existing substitute into a complete standalone bill creating a new regulatory chapter with definitions, signage requirements, and dealer obligations for energy drinks and caffeinated dietary supplements in Delaware.
SCOPE

A new Chapter 30S was added to Title 16 of the Delaware Code covering the purchase and sale of energy drinks and caffeinated dietary supplements, replacing what was previously just a small language amendment.

Sponsorship expanded from a single representative (Rep. Neal) to multiple sponsors including Sen. Lockman, Rep. Kamela Smith, Rep. S. Moore, and four additional co-sponsors, indicating broader legislative support.

DEFINITION

Three new definitions were created: 'caffeinated dietary supplement' (any non-food product with more than 100 mg caffeine per serving), 'dealer' (any entity selling these products to retail consumers in Delaware), and 'energy drink' (a caffeinated beverage designed to provide energy, excluding coffee or tea).

REQUIREMENT

The Division of Public Health is required to create signage stating that energy drinks and caffeinated dietary supplements are not recommended for children, individuals sensitive to caffeine, and individuals who are pregnant or nursing.

ENFORCEMENT

Dealers must display the provided signage in a publicly visible location next to the energy drinks and caffeinated dietary supplements they offer for sale.

TIMELINE

The Act takes effect 1 year after enactment, giving time for the Division of Public Health to create the required signage.

Floor votes · House Jun 11, 2026

How they voted

400
Passed · 1 other
Total votes 41
Jun 11, 2026
D Democratic27
27 Yea
100% Yea
R Republican14
13 Yea 1
92% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
5
Key actions
2
Committee
0
Amendments
2
Jun 11, 2026
Introduced
Assigned to Health & Social Services Committee in Senate
upper
Jun 11, 2026
Lower · Passed
Passed By House. Votes: 40 YES 1 ABSENT
lower
Jun 11, 2026
Lower · Passed
Amendment HA 1 to HS 1 - Passed In House by Voice Vote
lower
Jun 10, 2026
Introduced
Amendment HA 1 to HS 1 - Introduced and Placed With Bill
lower
Jun 4, 2026
Introduced
was introduced and adopted in lieu of HB 394
lower
8 primary · 0 co-sponsors

Sponsors