The Welsh Government has launched a consultation on how to enforce a proposed ban on selling drinks containing more than 150mg of caffeine per litre to children under 16, Deputy Minister for Public and Preventative Health Nerys Evans said in a written statement on 5 November.
The consultation will consider online age verification, compliance activity, sanctions and monitoring, the minister said, as the government seeks to restrict access to high caffeine energy drinks other than tea or coffee for under 16s, subject to the outcome of the exercise.
Scope and reasoning
The Welsh Government said it intends to prohibit sales of drinks, other than tea or coffee, containing more than 150mg of caffeine per litre to children under 16. Ministers cited evidence linking consumption to headaches, irritation, tiredness, stomach aches, reduced sleep duration and quality, and an increased risk of stress, anxiety and depression.
The move would build on the current labelling regime, which already requires a warning stating not recommended for children on drinks above 150mg per litre, the government said. A previous Welsh consultation, the government added, found broad public support for action, and officials will work with businesses and local authorities on guidance before any legislation is introduced.
How the rules would be enforced
Local authority food authorities would carry out enforcement, the Welsh Government said, and the framework would take a compliance focused approach. Fixed monetary penalties would be offered as an alternative to prosecution in appropriate cases, the statement said.
The consultation covers implementation timescales, although the Welsh Government has not set a commencement date for any legislation. The opening and closing dates for the consultation were not confirmed in the material reviewed.
The government said the framework is designed to align broadly with the UK government approach in England, where certain well known energy drinks will be illegal to sell to under 16s from April. Exact details of penalty levels reported elsewhere come from trade coverage rather than the ministerial statement, the Welsh Government noted.
Reaction
A 17 year old in Cardiff said the proposal made sense, adding it is “really easy to start relying on them”. The comment reflects concerns among some young people about dependency on caffeinated drinks.
The British Soft Drinks Association described a ban as unnecessary and not supported by robust evidence of overconsumption or harm, the trade body said. The association added that its members stopped marketing energy drinks to under 16s in 2010 and that most caffeine consumed by children comes from other sources.
Nutritionist Aisling Pigott said she welcomed the proposal, but called it “probably 10 years too late”. Her comment echoed long standing calls from some health professionals for tighter controls on high caffeine products aimed at or accessible to young people.
Officials said they will consult on online age verification arrangements, reflecting concerns about internet sales, and that local authorities will be supported to carry out compliance activity. The government emphasised that guidance for businesses and councils will be provided before any new rules take effect.
Campaigners and health experts have previously pointed to studies linking high caffeine intake in children and young people to sleep disruption and behavioural symptoms. Ministers said the consultation is intended to establish a practicable enforcement regime that protects children while working with retailers and local enforcement bodies.
Details on the length of the consultation and the timetable for laying any regulations were not available in the documents reviewed. The Welsh Government said it will consider responses before deciding whether to proceed with the prohibition and any associated enforcement measures.
