Bill Text: IL HB2379 | 2013-2014 | 98th General Assembly | Engrossed
Bill Title: Amends the Illinois Food, Drug and Cosmetic Act. Defines "energy drink" as any soft drink with a caffeine level of 6 mg or more per ounce. Provides that it is unlawful in this State for any person to sell, offer for sale, or deliver an energy drink to a person under 18 years of age. Provides that in addition to any other remedies provided by law, the Director of Public Health is authorized to file a complaint and apply to the circuit court for, and such court may upon hearing and for cause shown grant, a temporary restraining order or preliminary or permanent injunction restraining any person from violating the provision concerning energy drinks.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB2379 Detail]
Download: Illinois-2013-HB2379-Engrossed.html
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| 1 | AN ACT concerning public health.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Food, Drug and Cosmetic Act is | ||||||
| 5 | amended by adding Section 3.24 as follows:
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| 6 | (410 ILCS 620/3.24 new) | ||||||
| 7 | Sec. 3.24. Sale of energy drinks to minors. | ||||||
| 8 | (a) The General Assembly finds the following: | ||||||
| 9 | (1) The effects of energy drinks, when taken in | ||||||
| 10 | excessive doses, include increased heart rates, anxiety, | ||||||
| 11 | jitteriness, headache, and fatigue. | ||||||
| 12 | (2) Children younger than 18 years of age may have a | ||||||
| 13 | lower tolerance for increased heart rates, anxiety, | ||||||
| 14 | jitteriness, headache, and fatigue caused by energy drinks | ||||||
| 15 | than those over the age of 18. | ||||||
| 16 | (3) Children younger than 18 years of age are more | ||||||
| 17 | susceptible to the harmful effects of stimulants because | ||||||
| 18 | their bodies are less developed than adults. | ||||||
| 19 | (b) For the purpose of this Section, "energy drink" means a | ||||||
| 20 | beverage that contains the following ingredients: | ||||||
| 21 | (1) taurine, naturally occurring or synthesized; | ||||||
| 22 | (2) guarana, including any extract or product of the | ||||||
| 23 | plant or the seed of the plant; | ||||||
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| 1 | (3) glucuronolactone; and | ||||||
| 2 | (4) any extract, herb, or tuber of any species of | ||||||
| 3 | ginseng. | ||||||
| 4 | (c) It is unlawful in this State for any person to sell, | ||||||
| 5 | offer for sale, or deliver an energy drink to a person under 18 | ||||||
| 6 | years of age. | ||||||
| 7 | (d) In addition to any other remedies provided by law, the | ||||||
| 8 | Director is authorized to file a complaint and apply to the | ||||||
| 9 | circuit court for, and such court may upon hearing and for | ||||||
| 10 | cause shown grant, a temporary restraining order or preliminary | ||||||
| 11 | or permanent injunction restraining any person from violating | ||||||
| 12 | any provision of this Section.
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