Following a commitment in the King's Speech last year, the government is consulting about banning the sale of high-caffeine drinks to under 16s in England. There is currently a voluntary code, but a survey found that 70% of children aged 11 to 16 reported that it is easy or very easy for people of their age to buy high-caffeine energy drinks. As well as caffeine, the drinks often contain high levels of sugar as well.
According to the consultation paper, the drinks can have alarming effects on children:
- increased frequency of headaches, irritation, tiredness and stomach aches;
- reduced sleep duration and quality;
- increased risk of emotional difficulties, such as stress, anxiety and depression; and
- increased risk of suicide.
Therefore, the government plans to use secondary legislation under the Food Safety Act 1990 to introduce the ban. The consultation includes proposals on:
- the minimum age of sale for high-caffeine energy drinks;
- the products and businesses in scope of the ban;
- how the ban will apply in vending machines;
- the length of time that businesses and enforcement authorities need to implement the ban; and
- how the ban would be enforced.
Minimum age for sale
The government intends to ban the sale of drinks to those 15 and under but, given that the age for other age-restricted items such as alcohol is 18, asks if this threshold is appropriate.
Products in scope
The products in scope of the ban would be high-caffeine energy drinks which are soft drinks that contain at least 150 milligrams (mg) of caffeine per litre of drink (which is higher than other soft drinks). Such drinks already have to carry a warning and say that they are not suitable for pregnant women. Soft drinks with lower levels of caffeine, such as colas, would not generally meet the threshold for the ban. Non-caffeinated sport hydration drinks are not in scope.
Businesses in scope
The ban would apply to all sellers, retailers and businesses of all sizes in England, including in- store and online sales. The government asks for views on how the online ban should work in practice, including whether age verification should be undertaken at the point of sale or the point of delivery.
Vending machines
The government acknowledges that age verification for vending machines is difficult to enforce and proposes two options - one would be a complete ban on selling high-caffeine drinks from vending machines which it thinks is easier for businesses, and the other would be making the business or organisation where the vending machine is located responsible for the age of sale ban. The government thinks that it may be necessary for vending machines in public places to have age verification hardware installed. The person who controls or manages the premises where the vending machine is located would be liable if the ban was breached which is consistent with the current approach for tobacco vending machines.
Enforcement
Under the Food Safety Act 1990, underage sales of high-caffeine energy drinks will become a criminal offence. The government proposes to introduce a new power to allow enforcement authorities to issue fixed monetary penalties of up to £3,750, as an alternative to criminal prosecution, and invites views on whether the proposed process is fair and proportionate.
When would the ban come into force?
The government proposes that a six-month implementation period is appropriate because many retailers already have processes for the sale of other age-restricted products that they can build on.
The ban will only take effect in England. However, the Scottish and Welsh governments have considered a ban in the past.
The consultation ends on 26 November 2025.
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