Following a commitment in the King's Speech in 2024, the government consulted about banning the sale of high-caffeine drinks to under 16s in England, receiving 1,095 responses. It has now confirmed that it will ban the sale of high-caffeine energy drinks to under-16s in England from April 2027.
The government estimates around 100,000 children in England drink energy drinks high in caffeine every day and evidence suggests this can have a negative impact on their physical and mental health, as well as their education.
It has decided that:
- there should be a ban on the sale of high-caffeine energy drinks in England to children aged under 16 years, building on existing voluntary action on the sale and marketing of high-caffeine energy drinks;
- the products in scope include any drink, other than tea or coffee, that contains over 150 milligrams of caffeine per litre, consistent with the criteria in Regulation (EU) No 1169/2011 on Food Information to Consumers and existing voluntary industry practice, including products intended to be consumed as drinks following reconstitution;
- all retailers selling directly to consumers are in scope, both in store and online, including retailers that primarily sell food and drink, the eating out-of-home sector, and retailers that do not primarily sell food and drink;
- business-to-business sales are not in scope;
- there should be a complete ban on vending machine sales of high-caffeine energy drinks, with the person who controls or manages the premises where the machine is located liable for any sales, consistent with the approach taken for tobacco; and
- there should be a minimum implementation period of six months for retailers and local authorities to prepare for the ban.
Retailers will be responsible for ensuring these drinks are not sold to under-16s while local authorities will enforce the ban. Businesses that break the law face fines of up to £2,500.
The government will take forward secondary legislation using powers contained in the Food Safety Act 1990, with the ban intended to come into force in April 2027, subject to Parliamentary approval.
Why this matters
The ban represents a significant new age-restricted sales obligation for retailers and other businesses selling drinks directly to consumers. While many major supermarkets already apply voluntary restrictions, the new rules will create a mandatory legal framework that applies across a much broader range of sales channels, including convenience stores, online retailers, hospitality businesses and vending machine operators.
Businesses will need to review product ranges, age-verification processes, staff training and online sales controls well before the April 2027 implementation date. Retailers that currently rely on voluntary policies may find the operational changes relatively modest, but businesses that do not already operate age checks for energy drinks will need to put appropriate systems in place to avoid enforcement action and fines.
