Energy Drinks Not For Persons Under The Age Of 18

• Published date: 14 September 2023
• Subject Matter: Media, Telecoms, IT, Entertainment, Food, Drugs, Healthcare, Life Sciences, Advertising, Marketing & Branding
• Law Firm: Global Advertising Lawyers Alliance (GALA)
• Author: Ms Ewa Skrzydło-Tefelska (SKS Legal) and Ewelina Woike-Reguła (SKS Legal)

Poland introduces from January 1, 2024 a ban on the sale of energy drinks to persons under the age of 18. It is not a big surprise, considering long lasting discussion in this regard at the EU and national level.

The problem of consumption of energy drinks by children and adolescents was signaled by representatives of the EU Member States during meetings of the Working Group on Foodstuffs, and outcome of this discussion are the applicable provisions of Regulation 1169/2011, which read that the labeling of high-caffeine beverages requires to include the warning "High caffeine content. Not recommended for children or pregnant or breast-feeding women". Doubts in this regard were however still signaled by Polish politicians and the Ombudsman for Children.

The first step in limiting the availability of energy drinks for children was a national regulation defining the groups of products that may be sold in school shops (in force for 7 years now). However, since then a steady increase in the range of energy drinks was observed - they became more and more popular in all age groups, including children, who could still easily purchase the products outside the school premises. Finally, the issue of a complete ban on the sale of such products to persons under the age of 18 has been regulated in the amendment to the Public Health Act, which was signed by the President of Poland on August 21, 2023.

According to the EFSA report published on the basis of a study involving over 52,000 residents of EU countries, consumption of energy drinks was admitted by 18% of children (3-10 years old) and 68% of teenagers (10-18 years old)¹. Meanwhile, according to the justification for the draft Act, there are numerous negative expert opinions on the impact of energy drinks on the health of children and adolescents. As a consequence, the amendment to the Act aims to protect this group of vulnerable consumers.

The Act introduces the definition of "a drink with added caffeine or taurine" (a product in the form of a drink that is a foodstuff, included in the Polish Classification of Products and Services in class 10.89 and in Chapter 11, which contains caffeine in a proportion exceeding 150 mg/l or taurine, excluding naturally occurring substances) and prohibits the sale of such energy drinks to persons under the age of 18, on the premises...