Suffolk lawmakers vote to ban sale of powdered caffeine to minors

The Suffolk County Legislature unanimously approved legislation Tuesday to ban the sale of powdered caffeine to anyone 18 years old or younger, after backers argued that the dietary supplement can be dangerous and even lethal when overused.

The legislation, which supporters believe is the first of its kind in the nation, comes after the county health department and the federal Food and Drug Administration issued warnings about the dangers of such products. In August, Sen. Richard Blumenthal (D-Conn.) asked the FDA to ban powdered caffeine.

Presiding Officer DuWayne Gregory (D-Amityville), the Suffolk bill's sponsor, said he decided to introduce the measure after seeing a report of an Ohio teen's death in May, shortly before his high school graduation.

"This stuff is dangerous, and we want to protect our children," Gregory said.

Manufacturers have said that when used according to directions the substance is safe, but is not recommended for people younger than 18.

Legis. William Spencer (D-Centerport), the bill's co-sponsor and a pediatric surgeon, said the biggest problem is that youngsters may think the more they use powdered caffeine, the better their sports performance will be. "Here, more is dangerous and even more can become acutely dangerous," he said.

Backers said there have been no reported cases of death or serious injury locally. They warned that symptoms of caffeine overdose can include difficulty breathing, confusion, dizziness, rapid heartbeat and vomiting.

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Violators of the law, which would be enforced by the county health department, will be subject to a $500 fine for an initial violation and a fine of up to $1,000 for further violations.

County Executive Steve Bellone will sign the bill, according to spokesman Jon Schneider.

Officials say such products are sold over the Internet and in some stores, and they hope the publicity from the legislation will discourage sales in stores and alert parents to the potential dangers.

Gregory said backers hope the county's action will spur state or federal legislation that may be needed to thwart Internet sales.

"We're ahead of the curve," said Legis. Thomas Muratore (R-Ronkonkoma). "Maybe the others will catch up."