Caffeine: Legal consequences

Last modified: Thursday, 25. December 2008 - 9:14 am

There are no Legal consequences since caffeine is not a scheduled substance.

Legal history

In 1909, the federal government seized a shipment of Coca-Cola syrup, citing the added caffeine as a poisonous and deleterious substance. In 1959, caffeine was

listed in the Code of Federal Regulations as generally recognized as safe, when used in cola type drinks at a level set at 0.02%, based on industry standards at that time. In 1997, the FDA required labeling of the caffeine content of foods and drinks.

Federal guidelines, regulations, and penalties

The FDA allows soft drink manufacturers to add caffeine to a limit of 72 mg per 12-ounce (355 ml) serving. Coffee and tea, containing caffeine naturally rather than as an additive, are not regulated for caffeine content.

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