H.R. 9913: Safe Sips Act of 2026

This bill would create a federal color-coding system for certain drinks that contain intoxicating substances. It directs the Food and Drug Administration and the Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau to set up the system and write the rules needed to carry it out.

What products would be covered

The bill applies to “covered drinks,” which are drinks for sale that contain one of several listed intoxicating substances and are sold in a single can, bottle, or another container the Secretary approves. The listed substances include:

• Alcohol
• THC, including delta-8, delta-9, and delta-10 THC
• Intoxicating cannabinoids
• Kratom-related substances
• Any other intoxicating substance the Secretary later identifies

The bill defines alcohol as a liquid intended for human consumption that contains at least 0.05% alcohol by volume.

What the color-coding system would do

The Secretary would have to choose one standard color to be used at the dispensing point of the packaging for all covered drinks, no matter what intoxicating substance is in the drink. The “dispensing point” means the part of the container a person uses to open or pour the drink, such as a can end, bottle cap, lid, cork, spout, or similar part.

The system also has to include some non-color way to identify the product, such as text, a symbol, a pattern, or a tactile feature. This is meant to help consumers who are blind or colorblind.

The rules must also define what counts as a “substantially similar” color so the government can enforce the ban on using the designated color for non-covered drinks.

Who would have to comply

• Manufacturers would have to follow the color-coding system.
• Distributors and retailers would have to share consumer information about the system, as determined by the Secretary.
• Retailers would have to make sure any covered drink they sell or offer for sale complies with the system.
• Manufacturers, distributors, and retailers would be barred from using the designated color, or a very similar color, on the dispensing point of any drink that is not a covered drink.

Enforcement and timing

The Secretary would create a civil penalty process and a penalty structure for violations. The agency would have up to two years after enactment to issue the necessary rules.

The law would not take effect immediately for products in the marketplace. It would apply only to covered drinks manufactured, distributed, sold, or offered for sale starting four years after enactment.

Preemption

The bill would prevent states, local governments, and tribal governments from adopting rules on this topic that are additional to, or stricter than, the federal requirements created by this law.

What the bill would not do

The bill says it does not change federal authority under the Controlled Substances Act or other federal laws dealing with the manufacture, distribution, sale, importation, possession, or interstate movement of covered drinks. In other words, it is aimed at labeling and packaging color rules, not at changing broader drug or alcohol laws.

Relevant Companies

None found