Prohibits the sale of "energy drinks" to consumers under the age of sixteen. (8/15/10)
Impact
If enacted, SB128 will amend state laws to include prohibitions against the sale of energy drinks to minors, thereby providing legal grounds for enforcement against retailers who violate the law. The penalties for such violations will align with existing actions defined under the Unfair Trade Practices and Consumer Protection Law, which may include fines and regulatory scrutiny. This law intends to reflect a growing trend among states to regulate the availability of high-caffeine products to younger populations.
Summary
Senate Bill 128 aims to prohibit the sale of energy drinks to consumers under the age of sixteen, establishing a new provision in Louisiana's Unfair Trade Practices and Consumer Protection Law. The bill defines energy drinks as any beverage, apart from coffee, that contains a minimum of five milligrams of caffeine per fluid ounce. By making the sale of these drinks to minors an unfair trade practice, the legislation seeks to protect young consumers from potential health risks associated with high caffeine consumption.
Sentiment
The sentiment surrounding SB128 appears to be generally supportive among public health advocates and policy makers concerned about the well-being of minors. Proponents argue that the bill is a necessary step towards protecting children from the health impacts of caffeine-laden beverages. However, there may be some industry opposition from businesses that sell these products, arguing that such restrictions can limit consumer choices and negatively impact sales.
Contention
There could be potential contention regarding the aftereffects of the bill on business practices, particularly concerning the interpretation of what constitutes an energy drink. The requirement for determining caffeine content and the implications for various beverages may lead to debates among manufacturers and retailers on compliance and labeling. Additionally, discussions might arise around the balance between consumer protection and economic freedom, as legislators navigate the public health goals of the bill against the interests of the beverage industry.