This summer saw the outcome of last year’s consultation on banning the sale of energy drinks to under 16s in England. The result is that any drink, other than tea or coffee, which contains over 150mg of caffeine per litre will be banned from being sold to under 16s in England. 

Given the general direction of travel for health policy in England, this is probably the outcome that was expected, despite the fact that Scotland decided not to introduce a ban when it consulted on this issue three years ago. The outcome of the Welsh consultation has not been published, although the responses are available.

This legislative ban will replace the current voluntary action which had already been taken by many retailers, supermarkets and convenience stores to stop selling energy drinks to under 16s.

What’s in scope?

• Drinks which aren’t tea or coffee with 150mg/l of caffeine.
• Sales from all retailers that sell directly to consumers including shops, restaurants, cafes, newsagents etc.
• Online sellers.
• Sales from all vending machines, including those in places children are not permitted or unlikely to be present.

What’s not in scope?

• Tea and coffee.
• Other caffeinated products (such as caffeine pouches and gums).
• Business-to-business sales.

Who is enforcing the ban and what are the penalties?

Selling energy drinks to under 16s will become a criminal offence under the Food Safety Act 1990. In addition to being able to prosecute, it’s likely that local authorities (such as trading standards) will have powers to issue fixed monetary penalties. These would be £1,500 for businesses with under 50 employees and £2,500 for those with 50 or more employees. Fines paid within 28 days of receiving a notice of intent will be reduced by 50%.

Methods for assessing compliance will be similar to those for other age-restricted products and include mystery shoppers and the use of covert surveillance powers under the Regulation of Investigatory Powers Act 2000. 

When does it start?

The ban is expected to start from April 2027, but this depends on Parliamentary approval so we will need to wait for the final legislation.

Preparatory actions for businesses

With the ban expected to come into force in April 2027, businesses can begin preparing now. The following steps are recommended:

• Audit your product range: Identify all drinks (excluding tea and coffee) that contain over 150mg of caffeine per litre and which will fall within scope of the ban.
• Review your age verification policies: Update internal policies and procedures to bring energy drinks in line with other age-restricted products such as alcohol and tobacco.
• Train staff: Ensure all customer-facing employees understand which products are restricted, how to verify age and how to refuse a sale; this should include any seasonal or temporary staff.
• Review vending machine arrangements: Note that the ban applies to all vending machines regardless of location, including those in places children are unlikely to visit; consider whether machines need to be removed or retrofitted with age verification technology.
• Online retailers: Review age verification mechanisms on your platform to ensure compliance at the point of purchase.
• Prepare for enforcement activity: Trading standards may use mystery shoppers and covert surveillance to assess compliance; ensure your procedures are robust enough to withstand this scrutiny.
• Monitor Parliamentary progress: The April 2027 start date is subject to Parliamentary approval; keep a close watch on the final legislation and any updated guidance issued.