Government confirms under-16s energy drinks ban

The government has confirmed it will ban the sale of high-caffeine energy drinks to under-16s in England.

The proposal, first mooted in September last year, will now enter into law in April 2027 using powers contained in the Food Safety Act 1990, subject to Parliamentary approval.

This follows a consultation which received nearly 1,100 supportive responses from businesses, public health organisations, enforcement bodies and members of the public.

The ban means it will be illegal to sell drinks, other than tea or coffee, containing more than 150mg of caffeine per litre to anyone aged under 16 years across venues including restaurants and cafés, as well via vending machines. Business-to-business sales will be excluded.

Local authorities will enforce the ban, and businesses that break the law face fines of up to £2,500.

Public health minister, Sharon Hodgson, said: “High-caffeine energy drinks have no place in children’s hands. We know thousands of kids in England consume them daily but the evidence is clear that this can cause anxiety, affect their sleep and concentration and can have a detrimental impact on their education.

“This ban will reduce children’s opportunity to buy drinks that are harmful to their health and wellbeing and demonstrates our firm commitment to creating the healthiest generation of children ever.”

Education minister, Olivia Bailey, added: “This ban will protect children from high-caffeine energy drinks that undermine their health and focus in the classroom, so they can make the most of all the exciting opportunities ahead of them.

“It will go hand in hand with our overhaul of school food for the first time in over a decade, to ensure children across the country have delicious, nutritious food that helps them thrive.”

Barbara Crowther of the Children’s Food Campaign at Sustain, an alliance of more than100 food, farming and health organisations, said: “We look forward to seeing legislation laid before Parliament at the earliest opportunity, to meet the April 2027 deadline.

“It’s now two years since the Labour government pledged this action – almost 300 million more high caffeine energy drinks have been sold to children in that time. The decision is made, no more kicking the can down the road – let’s make this law now.”

The British Soft Drinks Association’s voluntary Code of Practice on energy drinks, introduced in 2010, already prevents its members from marketing or promoting energy drinks to under-16s or sampling products with this age group. In addition, its members’ energy drinks should carry an advisory note stating ‘not recommended for children’. 

The ban follows the Food Standards Agency’s recommendations last year that slush ice drinks containing glycerol should not be sold to children aged under seven. Consumed at high levels, glycerol can cause very low blood sugar levels and unconsciousness in young children.