New Ordinance Restricts Caffeine Sales To Minors

New Ordinance Restricts Caffeine Sales To Minors

Editor

WATER VALLEY – Yalobusha County supervisors adopted an ordinance prohibiting the sell of caffeine powder or pills containing more than 25 percent caffeine to anyone under the age of 18. The ordinance was adopted following a public hearing at the Water Valley courthouse last Thursday and regulates the product both in unincorporated portions of the county and inside Water Valley, Coffee-ville and Oakland unless the governing authorities of the towns take other action. The full ordinance is published on Page 9.

The new ordinance stems from the tragic death of a Water Valley teen last September, and a failed attempt to get similar measure adopted statewide during the 2015 Mississippi Legislative Session. The failed law became known as Noah’s Law in memory of Noah Smith, the teen who died following an accidental overdose of caffeine pills.

District 33 Representative (D-Water Valley) Tommy Reynolds co-authored House Bill 507, or Noah’s Law, in the 2015 Legislation session. The bill passed overwhelmingly in the House but did not find traction in the state’s Senate. After the session, Reynolds requested an opinion from the Attorney General’s (AG) office asking if counties and municipalities could regulate the sell of caffeine under “home rule.”

In June, the AG responded to Reynolds’ question, clearing the way for local regulation and Smith’s mom, Jennifer Westmore-land, requested the ordinance be adopted in the county during a July meeting.

“I am asking, can you please do something to save our kids?” Westmoreland told supervisors on July 6.       

Westmoreland explained one problem is the products are not labeled properly, as different dosages are commonly equated to the amount of caffeine in a cup of coffee. She also said the pills are marketed as dietary supplements, which keeps them from requiring oversight from the FDA.

“My 11 year-old can walk in the store and buy them with no problem and have no idea that it can kill him. It says right on the box that it is safe and one pill is equal to a cup of coffee,” Westmoreland explained. “How many of you think a cup of coffee can kill you?”

Supervisors gave Westmoreland a verbal commitment in the July meeting to enact the ordinance, and Thursday’s vote was unanimous. No one attended the public hearing to comment on the ordinance. The language in the ordinance includes “it shall be unlawful for any person, or retailer, to sell, barter, deliver or give a caffeine product to any individual under 18 years of age. The penalty is $50 for the first conviction, $75 for the second conviction and $150 for all subsequent convictions. 

Employers at businesses that sell the product are also required to have employees sign an agreement acknowledging that the sale or distribution of certain caffeine products under the age of 18 is prohibited. The fine for violating this section of the ordinance ranges from $50 to $100.

The ordinance also prohibits any high school, junior high or elementary school student to possess or use the caffeine pills or powder on any educational property. Another requirement is a point of sale warning sign, which must be posted at each business that offers the product. The warning sign can be no smaller than 8.5 by 11 and must state: “YALOBUSHA COUNTY, MISSISSIPPI PROHIBITS THE SALE OF CERTAIN CAFFEINE PRODUCTS TO PERSONS UNDER THE AGE OF 18 YEARS PROOF OF AGE REQUIRED.”

Westmoreland has pushed for a similar ordinance to be passed in Lafayette County and reported that she will visit numerous counties and municipalities to push for the caffeine regulation. 

“She has put her heart and soul into getting these ordinances done and I think she should be recognized for her effort,” Board President Tommy Vaughn said as the conversation on the topic came to a close.