HB2379eng 98TH GENERAL ASSEMBLY

HB2379 Engrossed LRB098 02640 RPM 32645 b

AN ACT concerning public health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Food, Drug and Cosmetic Act is amended by adding Section 3.24 as follows:

(410 ILCS 620/3.24 new)

Sec. 3.24. Sale of energy drinks to minors.

(a) The General Assembly finds the following:

(1) The effects of energy drinks, when taken in excessive doses, include increased heart rates, anxiety, jitteriness, headache, and fatigue.

(2) Children younger than 18 years of age may have a lower tolerance for increased heart rates, anxiety, jitteriness, headache, and fatigue caused by energy drinks than those over the age of 18.

(3) Children younger than 18 years of age are more susceptible to the harmful effects of stimulants because their bodies are less developed than adults.

(b) For the purpose of this Section, "energy drink" means a beverage that contains the following ingredients:

(1) taurine, naturally occurring or synthesized;

(2) guarana, including any extract or product of the plant or the seed of the plant;

(3) glucuronolactone; and

(4) any extract, herb, or tuber of any species of ginseng.

(c) 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.

(d) In addition to any other remedies provided by law, the Director 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 any provision of this Section.