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The Department of Health and Social Care has launched a consultation on proposals to ban the sale of high caffeine energy drinks to children under 16 in England. The consultation runs until 5 November 2025 and would align England with existing Scottish restrictions.
In this article, we cover the implications of the proposed regulatory framework, and the strategic actions food and beverage businesses can take to prepare for potential restrictions on energy drinks for under 16s.
Proposed regulatory framework
The proposals would prohibit selling energy drinks containing more than 150mg of caffeine per litre to anyone under 16, aligning with EU levels. This threshold captures most commercial energy drinks and would apply across all retail channels including online platforms.
The new requirements would be enforced by Trading Standards Departments through existing age verification legislation building on the framework already established for tobacco and alcohol sales.
The likely sanctions will range from fixed penalty notices for first-time offenders up to prosecutions and unlimited fines for repeat offenders.
Health evidence and policy rationale
The consultation cites evidence of health risks from high caffeine consumption in children, including sleep disruption, anxiety, and cardiovascular impacts. Children are particularly vulnerable due to lower body weight and reduced caffeine metabolism.
Industry and implementation challenges
The industry has raised concerns about implementation costs, particularly for smaller retailers requiring staff training and age verification systems. Industry representatives argue that voluntary restrictions provide sufficient protection without legislative intervention.
Strategic implications for food and retail businesses
Food manufacturers and retailers should review current products and sales procedures, potentially requiring alternative formulations and enhanced age verification systems.
If implemented, restrictions would likely take effect in 2026. Companies should monitor consultation outcomes and prepare compliance strategies while demonstrating responsible sales practices.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
