Scotland has announced that it will not implement a ban on the sale of energy drinks to children, a policy proposal that had been under consideration since 2019. The ban would have prohibited the sale of any drink with more than 150mg caffeine per liter to children under the age of 16. The decision was based on an evidence brief which showed that the consumption of these drinks among young people in the UK is relatively low. While there is evidence to suggest that a sub-group of high chronic or high acute users exists, the research suggests that only around 5-11% of young people aged 11-17 consume carbonated energy drinks daily. This percentage is declining, and it is estimated that consumption levels are not dissimilar to those in Scotland.
Although there is considerable evidence that the consumption of energy drinks is associated with a range of adverse physical and mental effects, as well as possibly poorer educational outcomes and negative lifestyle behaviors such as drinking and smoking, the government acknowledged that it is not clear if energy drink consumption leads to poor school attendance and achievement.
The 2019 consultation involved 119 responses, with views split between those in favor of a mandatory approach and those who opposed it. Industry respondents generally questioned the effectiveness of mandatory measures, while individuals and non-industry stakeholders were more supportive. The Scottish government’s decision not to pursue mandatory measures is based on careful consideration of the evidence base and received responses.
The British Soft Drinks Association (BSDA) welcomed the decision and credited the voluntary initiatives introduced by the sector for helping shape the government’s decision. The BSDA’s Code of Practice on energy drinks, which was introduced in 2010, contains several stringent points on responsible marketing. BSDA members are not marketing or promoting energy drinks to under-16s and their products carry an advisory note stating ‘not recommended for children’. The BSDA remains committed to supporting the responsible sale of energy drinks.
Various UK supermarkets have introduced their own policies on energy drink sales, such as limiting sales to customers aged 16+. The Scottish government will continue to support voluntary measures to restrict the sale of energy drinks to children and will keep under review how those measures could be strengthened. The government will also further consider additional evidence gathering and analysis on the impacts of current voluntary actions, and understanding young people’s consumption of energy drinks and their total caffeine intake. Such analysis will help inform consideration of possible mandatory measures in the future.
