The Legislature of Suffolk County, New York, has adopted new measures (1920-2012, 1085-2013 and 1086-2013) designed to curtail the marketing of energy drinks to minors within county limits. Introduced by William Spencer (D-Centerport), the three new laws will (i) prohibit companies from providing free energy drink samples and coupons to individuals younger than age 18; (ii) ban the sale and distribution of these products to minors in county parks; and (iii) establish a “Truth About Stimulant Drinks” public education campaign “to increase awareness of side effects associated with energy drink consumption.” The legislation also specifies civil penalties between $500 and $1,000 per violation of the new rules.

“Far too many people are unaware of the effects excessive caffeine consumption can have on the body,” Spencer told reporters. “Excessive consumption of caffeine can aggravate pre-existing conditions and contribute to a variety of health problems. My plan levels the playing field and will create an open and fair dialogue about these products so parents and children can decide whether or not to ingest these drinks.” See Times Beacon Record, March 19, 2013.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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