Krishnamoorthi and Menendez Demand Updated Federal Safety Guidance on Energy Drinks as Youth Consumption Surges

WASHINGTON - Congressmen Raja Krishnamoorthi (D-IL) and Rob Menendez (D-NJ) today sent a letter to U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. calling on HHS to update federal research and guidance on high-caffeine energy drinks and conduct a comprehensive assessment of their consumption and health effects among school-aged children.

"Energy drink use among kids is at record levels, while caffeine-related emergency room visits among middle and high school students have roughly doubled," said Congressman Krishnamoorthi. "These products can pose serious health risks to children, yet the federal government is still relying on outdated research and guidance. Our government needs to catch up and give parents, schools, and health care providers the information they need to keep kids safe."

"Kids are consuming more caffeine than ever, and Sarah Katz's tragic death exposed how dangerous poor labeling and hidden caffeine levels can be," said Congressman Menendez. "We are calling on HHS to update federal caffeine guidelines, protect our children, and ensure parents and teachers have the information they need to keep children safe."

Energy drink consumption among students is at or near record levels, with nearly one in four high school seniors now drinking energy drinks daily, up from about one in six four years ago. Many popular energy drinks contain as much as 200 milligrams of caffeine per serving, while the American Academy of Pediatrics recommends that adolescents ages 12 to 18 consume less than 100 milligrams of caffeine per day. The lawmakers also noted that emergency department visits by middle and high school students for adverse effects associated with caffeine roughly doubled between 2017 and 2023.

Despite that increase, much of the federal government's research and guidance on energy drinks is more than a decade old. Current CDC guidance still relies in part on a 2013 SAMHSA report examining emergency department visits through 2011, while federal researchers have acknowledged significant gaps in research on how energy drinks affect children.

"Despite these risks, much of the federal government's research and guidance on energy drinks is more than a decade old," Krishnamoorthi and Menendez wrote. "While caffeine-related emergency visits among middle and high school students doubled, federal guidance continues to rely on decades-old data that do not reflect today's levels of consumption."

The lawmakers also raised concerns about the lack of federal regulation specific to energy drinks. Federal law does not require these products to disclose how much caffeine they contain, and FDA guidance on energy drinks dates to 2014, is nonbinding, and sets no recommended caffeine limit for children or adolescents.

"Rising consumption, a rapidly expanding market, and outdated federal research and guidance specific to energy drinks raise serious questions about whether HHS has the information it needs to guide schools, parents, and health care providers," Krishnamoorthi and Menendez wrote. "We strongly urge HHS and its agencies to update the federal government's research on these products and provide clear guidance to protect children."

Krishnamoorthi and Menendez requested that HHS, in coordination with the Centers for Disease Control and Prevention, Food and Drug Administration, National Institutes of Health, and Substance Abuse and Mental Health Services Administration, conduct a comprehensive assessment of energy drink consumption and its health effects among school-aged children and provide answers to the following questions:

1. What research is HHS currently conducting or funding on energy drink consumption and its health effects among school-aged children, including interactions between energy drinks and prescribed stimulant medications?
2. When will SAMHSA or another HHS component update its 2013 analysis with national estimates of energy drink-related emergency department visits, hospitalizations, and deaths among minors?
3. Does FDA intend to evaluate or establish recommended limits on caffeine intake for children and adolescents? FDA has listed draft guidance on labeling caffeine content as a 2026 priority. When will that guidance be issued, will it recommend that manufacturers disclose caffeine content in milligrams, and does FDA intend to pursue binding labeling requirements?
4. How is HHS tracking adverse events involving children and energy drinks, including cardiac events, reports submitted to FDA, and poison center data? What trends has the Department identified since 2020?
5. Has HHS engaged with USDA on revisiting federal school nutrition standards that permit caffeinated beverages in high schools, given USDA's 2016 commitment to continue monitoring FDA's work on caffeine?

The lawmakers requested responses and the results of the assessment by October 14, 2026, and called on HHS to make the assessment publicly available so parents, schools, and health care providers can understand the risks these products pose and the steps being taken to address them.

The full letter is available here.