Ban on selling high-caffeine energy drinks to under 16s – what you need to know

The government plans to ban high-caffeine energy drink sales to under-16s in England. A consultation is open until 26 November, businesses should share feedback now.

What is a high caffeine energy drink?

A high caffeine energy drink is a soft drink that contains at least 150 milligrams (mg) of caffeine per litre of drink. Currently, manufacturers must label any such drink (excluding tea and coffee) with the words ‘High caffeine content. Not recommended for children or pregnant or breast-feeding women’.

Why is a ban of the sale of these drinks to under 16s being proposed?

According to the government’s open consultation, data suggests that large numbers of children regularly consume high caffeine energy drinks in the UK, and growing evidence suggests a link between consuming such drinks and possible negative outcomes on children’s health and education.

Who does the plan apply to?

In 2018, many retailers, supermarkets and convenience stores voluntarily stopped selling high-caffeine energy drinks to under 16s. The Vending and Automated Retail Association (the AVA) issued voluntary guidance to its members recommending that high caffeine energy drinks should not be sold in vending machines in public sites where under 16s have regular access to them. The British Soft Drinks Association’s voluntary code of practice commits its members to not directly market such products to under 16s.

However, and crucially, the government have cited research which states that some businesses are continuing to sell high-caffeine energy drinks to children.

On that basis, it is proposed that the ban should apply to all sellers, retailers and businesses, regardless of business size. The ban will therefore apply to the out of home sector, including restaurants, takeaways and pubs, as well as to other types of retailers that do not primarily sell food and drink, such as newsagents and clothes retailers. The proposed ban will also extend to both in store and online sales. The government are inviting views on how the online ban would work in practice.

Will the ban apply to vending machine sales?

The government have made clear that the sale of high caffeine energy drinks from vending machines to under 16s is within scope of the proposed ban. The proposal states that the most effective and enforceable approach is to ban the sale of high caffeine energy drinks from all vending machines regardless of the prospective buyer’s age. This proposal has been criticised by the AVA.

It is proposed that the person controlling or managing the premises where the vending machine is located would be liable if the ban was breached.

How will the ban be enforced?

It is likely that local trading standards officers will be responsible for enforcement.

The government intend to introduce the ban using secondary legislation under the Food Safety Act 1990 (the Act). Sales in breach of the ban will therefore constitute a criminal offence under the Act. In addition, it is proposed that local authorities should be permitted to issue fixed monetary penalties as an alternative to the pre-existing criminal penalties outlined in the Act, when there is satisfaction beyond reasonable doubt that an offence has been committed, and where a civil sanction is the most appropriate action to take.

For businesses with 50 or more employees, the proposed value of the fixed monetary penalty is £3,750. To discharge liability, a payment of 50% of the sum of the fixed monetary penalty will be able to be paid within 28 days of receiving a notice of intent. If this 50% payment is not made, and representations and/or objections are not made, a local authority will be able to issue a final notice. Full payment of the penalty must then be made within 28 days of receiving this final notice, otherwise the penalty will be further increased by 50%.

What do I need to do now? 

The government is proposing a six-month implementation period from the point at which secondary legislation is introduced, to allow businesses to prepare for the ban. It is felt this is a proportionate implementation period, given many businesses already have voluntary procedures in place to prevent the sale of the products to under 16s.

Businesses already complying with the voluntary commitment not to sell high caffeine energy drinks to under 16s should review their procedures (i.e. age verification checks and systems, keeping of a sales refusal record etc) to ensure they are effective at preventing the sale of such products to under 16s. Staff should be re-trained on the relevant procedures ahead of the ban coming into force to prevent non-compliance. These steps are necessary given the increased regulatory scrutiny such procedures are likely to be under once the ban comes into force, and given the types of sanctions that will be available to the enforcement authorities in future.

Those businesses not complying voluntarily should take steps to ensure relevant procedures are in place to prevent sales to under 16s.

Businesses can provide feedback on the proposed ban using the online survey. The consultation is open until 23:59 on 26 November 2025.