HB2379 EngrossedLRB098 02640 RPM 32645 b


  
1    AN ACT concerning public health.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
4    Section 5. The Illinois Food, Drug and Cosmetic Act is 
5amended  by adding Section 3.24 as follows:
 
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 
20beverage 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;
 
 
HB2379 Engrossed- 2 -LRB098 02640 RPM 32645 b

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, 
5offer for sale, or deliver an energy drink to a person under 18 
6years of age. 
7    (d) In addition to any other remedies provided by law, the 
8Director is authorized to file a complaint and apply to the 
9circuit court for, and such court may upon hearing and for 
10cause shown grant, a temporary restraining order or preliminary 
11or permanent injunction restraining any person from violating 
12any provision of this Section.