Open consultation

Banning the sale of high-caffeine energy drinks to children

Published 3 September 2025

Applies to England

Introduction

Background

The government has committed to raising the healthiest generation of children ever, to provide them with a better and more prosperous future. To achieve this bold ambition, the Department of Health and Social Care (DHSC) will be taking a range of actions, including steps to tackle obesity and promote healthier diets.

One of these important actions is to ban the sale of high-caffeine energy drinks to children under the age of 16 years (that is, children aged 15 years and under) in England. This was set out as a government commitment in the King’s Speech 2024.

We have listened to people who support the health of children, including children’s health organisations, experts and public health leaders. We intend to ban the sale of high-caffeine energy drinks to children using secondary legislation under the Food Safety Act 1990 to protect and reduce inequalities in children’s health.

You can read more about high-caffeine energy drinks and why we’re concerned about them below.

We have also published a consultation stage impact assessment which sets out our provisional assessment of the impact of the proposals on:

• children
• retailers
• manufacturers of high-caffeine energy drinks
• vending machine businesses
• enforcement authorities
• the health and care sector

We will update the impact assessment after the consultation.

Reason for consulting

We are consulting to understand views on 2 main themes.

1. The action we propose taking.

The consultation sets out the proposed policy, including:

• the minimum age of sale for high-caffeine energy drinks
• the products and businesses in scope of the ban
• how the ban will apply in vending machines
• the length of time that businesses and enforcement authorities need to implement the ban

2. Enforcing the ban.

The consultation sets out the proposal to introduce a new power to allow enforcement authorities to issue fixed monetary penalties (a fine), as an alternative to criminal prosecution, and invites views on whether the proposed process is fair and proportionate.

We would like to understand the impact of our proposals on people and businesses, including any impacts they might have on groups with protected characteristics. You can find more information about protected characteristics at Discrimination: your rights.

Who should respond

We would like to hear from:

• members of the public, including from young people, parents and carers
• public health partners, academic experts and health charities
• nutritionists and clinicians, in particular doctors and dietitians
• people and organisations working with children, including teachers, headteachers and teachers’ unions
• businesses in the retail and manufacturing sector, and industry bodies
• local authorities (reflecting the views of trading standards and environmental health officers)

See the privacy notice for more information about how we will use and store your data.

This consultation is for England only, as policy relating to high-caffeine energy drinks is a devolved matter.

Contact for queries

If you have any questions about the consultation, you can email us at energydrinksconsultation@dhsc.gov.uk.

What a high-caffeine energy drink is

High-caffeine energy drinks are soft drinks that contain at least 150 milligrams (mg) of caffeine per litre of drink, which is higher than other soft drinks. Caffeine levels in high-caffeine energy drinks generally vary between 80mg of caffeine per serving in 250 millilitre (ml) products and 160mg to 200mg of caffeine per serving in 300ml to 500ml products. The European Food Safety Authority (EFSA) caffeine topic page suggests that some energy drinks can have up to double the amount of caffeine found in an average mug of coffee, and similar to the amount of caffeine in 5 cans of cola.

Research has found that these drinks have little to no nutritional benefit (Ajibo and others, 2024). In addition to being high in caffeine, they can contain high levels of sugar, which is known to be linked with obesity and dental decay, although reduced and sugar-free versions are available.

They can also contain other ingredients which may have a stimulant effect, such as taurine, ginseng, and guarana. Research notes that the effects of high-caffeine energy drinks have been attributed to caffeine, caffeine-like additives, or other ingredients like taurine that may interact with caffeine (Ajibo and others, 2024).

Under current food labelling law, manufacturers must label any drink, except for tea and coffee, that contains over 150mg of caffeine per litre with the words ‘High caffeine content. Not recommended for children or pregnant or breast-feeding women’. In the UK, the high-caffeine labelling criteria  are used to define high-caffeine energy drinks in existing voluntary action to not sell or directly market high-caffeine energy drinks to children under 16 years. However, we know that some retailers continue to sell these drinks to children.

Why we are concerned about children consuming high-caffeine energy drinks

Consumption of high-caffeine energy drinks by children

Data suggests that large numbers of UK children regularly consume high-caffeine energy drinks. There is research reporting that up to one-third of UK children aged 13 to 16 years, and nearly a quarter of those aged 11 to 12 years, consumed one or more high-caffeine energy drinks each week between 2013 and 2018 (Khouja and others, 2022). Of children aged 11 to 15 years surveyed in 2018 in England, 9% reported consuming high-caffeine energy drinks between 2 and 4 times a week (Brookes and others, 2020), which translates to over 250,000 children.

More recent data from a 2022 survey of children aged 11 to 15 years in England reported that 4% of children consumed one or more high-caffeine energy drink each day (Hulbert and others, 2023), estimated to reflect over 100,000 children consuming these at least daily.

We also commissioned data on children’s consumption of high-caffeine energy drinks through the Department for Education (DfE) Parent, pupil and learner voice: omnibus surveys for 2024 to 2025, which were generally consistent with wider research findings.

Research has identified a range of reasons why children say they consume high-caffeine energy drinks (Ajibo and others, 2024), such as:

• taste
• enhancing energy levels or performance
• social and peer influence
• the low cost
• ease of access
• marketing

Of particular concern, research from the UK between 2008 and 2016 found children living in more deprived areas and from lower income households were more likely to consume high-caffeine energy drinks compared to those from more affluent areas and households (Vogel and others, 2023). This means the possible negative outcomes described below of high-caffeine energy drinks on children’s health and education are likely to be felt unequally across society, disproportionately affecting those from more deprived communities. The proposed legislation aims to protect the public health of all children and reduce health inequalities across England.

How high-caffeine energy drinks affect children

Growing evidence suggests a link between consuming high-caffeine energy drinks and a range of possible negative outcomes on children’s physical and mental health, as well as their education.

There have been several reviews on the safety of high-caffeine energy drinks. This includes the 2019 statement on energy drinks (PDF, 411KB) by the Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment (COT). COT is an independent scientific committee that provides advice to government departments and agencies. It noted that the consumption of energy drinks by children and adolescents is a complex social issue.

The latest and most comprehensive evidence comes from a systematic review of 57 studies, on over 1.2 million children and young people, from more than 21 countries including the UK (Ajibo and others, 2024). It reported a large body of evidence that consistently suggests a link between consumption of high-caffeine energy drinks and negative health outcomes in children. This includes:

• increased frequency of headaches, irritation, tiredness and stomach aches
• reduced sleep duration and quality
• increased risk of emotional difficulties, such as stress, anxiety and depression
• increased risk of suicide

In addition to these health outcomes, the systematic review also suggested a link between high-caffeine energy drink consumption and reduced academic performance.

Parents and teachers are also concerned about children’s consumption of high-caffeine energy drinks. In the DfE omnibus surveys in December 2024, 82% of parents reported feeling concerned about a broad range of potential negative effects of high-caffeine energy drink consumption on children. And of these, 51% were very concerned.

Of teachers surveyed:

• 61% agreed or strongly agreed that the consumption of high-caffeine energy drinks negatively impacts the health and wellbeing of pupils at their school
• 50% agreed or strongly agreed that they negatively impact pupil behaviour and ability to learn

These findings are consistent with previous surveys from the teachers’ union NASUWT in 2017, and other research (Vogel and others, 2023).

The systematic review (Ajibo and others, 2024) also suggests a strong link between consuming high-caffeine energy drinks and other harmful behaviours among children, such as smoking and vaping, alcohol use, binge drinking and other substance use.

It is not possible to say from the type of evidence available that high-caffeine energy drink consumption directly causes the outcomes described, as there are ethical and feasibility issues that limit the ability to undertake causal research on this topic in children (Ajibo and others, 2024). The House of Commons Science and Technology Committee’s 2018 inquiry on energy drinks and children recognised these limits of the scientific evidence. However, the committee concluded that it might be legitimate for the government to implement a ban based on societal concerns and qualitative evidence.

The evidence has continued to grow. In recognition of the large body of consistent evidence of possible health harm, a range of academics, health organisations and public health leaders called on government to ban the sale of high-caffeine energy drinks to children in January 2024. In polling commissioned by the Children’s Food Campaign in April 2024 (PDF, 3.5MB), 80% of parents were in support of such a ban.

Both the Scientific Advisory Committee on Nutrition (SACN) report on feeding in the first year of life and the World Health Organization guideline for complementary feeding of infants and young children 6 to 23 months of age agree that dietary habits and preferences formed in early life influence what people eat and drink in later life. So, it is concerning that some children could be developing the habit of consuming high-caffeine energy drinks, especially as they are associated with a range of negative outcomes.

Safety of caffeine for children

The Food Standards Agency’s safety advice on food additives recommends that children should only consume caffeine in moderation and provides advice on caffeine levels based on the EFSA scientific assessment on the safety of caffeine.

The EFSA has not set a safe caffeine intake level for children. However, it indicates no physiological safety concern with children consuming up to 3mg of caffeine per kilogram of body weight in either a single serving or over the course of a day. This is the same threshold as used for healthy adults (EFSA, 2015). So, using data from NHS England’s Health Survey for England 2019, for a child aged 11 to 12 years with an average weight of 47kg, this works out to around 140mg of caffeine. An average 500ml high-caffeine energy drink contains 160mg caffeine, with some containing as much as 200mg, exceeding the level of ‘no safety concern’ for a child aged 11 to 12 years. However, tolerance to caffeine varies between individuals.

While children also consume caffeine from other sources like chocolate, tea, coffee and colas, these generally contain less caffeine per serving than many high-caffeine energy drinks, meaning large or repeated servings may be needed to reach comparable caffeine levels.

NHS information on breastfeeding and diet suggests the amounts of caffeine in different foods and drinks, which is:

• an average serving (50g) of plain milk chocolate contains less than 10mg caffeine
• a can of cola contains 40mg caffeine
• a mug of tea contains around 75mg caffeine
• coffee can contain 80mg caffeine in an espresso or 100mg caffeine in a mug of instant coffee

The proposed policy to ban the sale of high-caffeine energy drinks to children under 16 years is informed by a large body of evidence. The evidence specifically suggests an association between high-caffeine energy drink consumption and a broad range of negative outcomes for children’s physical and mental health, wellbeing, education and engagement with other harmful behaviours. Through this consultation, we invite views and evidence on other relevant caffeinated products.

Sugar content of high-caffeine energy drinks

Some high-caffeine energy drinks contain high levels of sugar, although reduced or sugar-free versions are available. The health impact of excess consumption of sugar sweetened drinks is well known.

The SACN carbohydrates and health report found that high intakes of these drinks are associated with increased risk of obesity and related health conditions such as type 2 diabetes, in addition to poor oral health and decay-related tooth extractions in children. These are significant health issues impacting children and families, the NHS and society.

Research suggests that reduced and sugar-free versions of carbonated soft drinks still have a negative effect on oral health, for example due to their acidity, which contributes towards tooth enamel erosion (Inchingolo and others, 2023).

The action we propose taking

Banning the sale of high-caffeine energy drinks to children

The government has committed to banning the sale of high-caffeine energy drinks to children in England. This supports the bold ambition to raise the healthiest generation of children ever.

Despite welcome voluntary action from many larger retailers, supermarkets and convenience stores not to sell high-caffeine energy drinks to children under 16 years, research has found that some businesses continue to sell these drinks to children (Vogel and others, 2023). In the DfE omnibus survey in December 2024, 70% of children aged 11 to 16 reported that it is easy or very easy for people of their age to buy high-caffeine energy drinks.

The government has listened to the health organisations, experts, researchers, public health leaders, teachers and parents, calling for urgent action on high-caffeine energy drinks to protect children’s health.

Question

Do you agree or disagree with the proposal to ban the sale of high-caffeine energy drinks based on age?

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please provide any specific information or evidence to support your answer (optional, maximum 300 words).

Minimum age of sale

We propose that the minimum age of sale for high-caffeine energy drinks should be 16 years (that is, sales to children aged 15 years and under will be banned). Banning sales to children under 16 years recognises the lower relative risk of harm from underage sales of high-caffeine energy drinks, compared to other age-restricted products such as alcohol (where the minimum age of sale is 18 years).

Banning sales to children under 16 years will also support and strengthen the voluntary action already taken across some parts of industry. Since 2018, many retailers, supermarkets and convenience stores have voluntarily stopped selling high-caffeine energy drinks to children under 16 years. The Vending and Automated Retail Association issued voluntary guidance to its members in 2017 which recommends these drinks should not be sold in vending machines in public sites where children under 16 years have regular access. Also, the British Soft Drinks Association’s voluntary code of practice commits its members to not directly market, or sample high-caffeine energy drinks with children under 16 years.

However, the age of 18 is the minimum age for buying many other age-restricted products. We are aware from research based on data collected between 2008 and 2016 that those aged 16 to 18 years in England were the highest consumers of high-caffeine energy drinks among all children and adolescent age groups (Vogel and others, 2023). We invite views on whether the proposed age limit is appropriate.

Questions

Do you agree or disagree that the minimum age of sale for high-caffeine energy drinks should be 16 years?

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please provide any specific information or evidence to support your answer (optional, maximum 300 words).

If you do not agree with the proposal, what should the minimum age of sale be?

Please provide any specific information or evidence to support your answer (optional, maximum 300 words).

Products in scope

We propose that all high-caffeine energy drinks that legally must be labelled ‘High caffeine content. Not recommended for children or pregnant or breast-feeding women’ should be included in the ban. This includes any drink, other than tea or coffee, that contains over 150mg of caffeine per litre. 

While there is no legal definition of a high-caffeine energy drink, legal requirements for the high-caffeine content labelling criteria are used by relevant industry bodies to define high-caffeine energy drinks in their existing voluntary guidelines. So, using these criteria will ensure consistency for consumers and businesses and support them to identify high-caffeine energy drinks by using the existing product warning label. This means the proposed ban will not introduce any new labelling requirements for high-caffeine energy drinks.

Under these criteria, soft drinks with lower levels of caffeine, such as colas, would not generally meet the threshold for the ban. Non-caffeinated sport hydration drinks are not in scope of this policy.

The proposal for products in scope is informed by the large body of evidence that specifically suggests an association between high-caffeine energy drink consumption and a broad range of negative outcomes. We welcome views on this proposal, including any evidence on other relevant caffeinated products.

Questions

Do you agree or disagree that the ban should apply to any drink, other than tea or coffee, that contains over 150 milligrams of caffeine per litre?

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please provide any specific information or evidence to support your answer, including information on other relevant caffeinated products (optional, maximum 300 words).

If you do not agree with the proposal, how should we define the products in scope and why? Please include in your answer any additional product categories you think should be in scope of any ban (maximum 300 words).

Businesses in scope

We propose the ban on the sale of high-caffeine energy drinks to children under 16 years should apply to all sellers, retailers and businesses of all sizes in England, including in store and online sales. This is to ensure that the ban is applied consistently in all locations where these drinks are sold. A ban, rather than voluntary action, is fairer for industry, as the same rules apply to all businesses. This means no retailer is disadvantaged by protecting the health of our children.

This approach will see the ban applied to all sellers, retailers and businesses selling high-caffeine energy drinks. In addition to retailers that primarily sell food and drink (such as supermarkets and convenience stores), this includes the eating out of home sector, such as:

• restaurants
• takeaways and delivery services
• pubs
• cafes

It also includes retailers that do not primarily sell food and drink, such as:

• clothes retailers
• newsagents

It is important for smaller retailers to be in scope of any ban, as research suggests these stores may be a continued source of access to these products for young people (Vogel and others, 2023), despite voluntary action across the retail sector. We welcome views on the impact and cost of our proposed ban from all retailers and businesses, including from micro and small businesses (defined as those with less than 50 employees).

The ban will also apply to online sales of high-caffeine energy drinks to customers in England. We invite views on how this should work in practice, including whether age verification should be undertaken at the point of sale or the point of delivery.

The ban will also apply to sales in vending machines. Our proposals are set out in the ‘Vending machines’ section below.

Questions

Do you agree or disagree that the ban should apply to all sellers, retailers and businesses, both in store and online, who operate in England?

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please provide any specific information or evidence to support your answer (optional, maximum 300 words).

If you do not agree with our proposal, which sellers, retailers and businesses should be in scope of the ban? (select all that apply)

• Retailers that primarily sell food and drink (such as supermarkets and convenience stores)
• Retailers not primarily selling food and drink (such as clothes retailers and newsagents)
• The eating out of home sector (such as restaurants, takeaways and delivery services, pubs and cafes)
• Individual sellers
• Online sellers, retailers and businesses
• None
• Don’t know
• Other retailer

Please provide any specific information or evidence to support your answer (optional, maximum 300 words).

Question

For online sales of high-caffeine energy drinks, how should retailers ensure the ban is applied? (optional)

• Age verification at the point of sale
• Age verification at the point of delivery
• Don’t know
• Another approach

Please provide any specific information or evidence to support your answer (optional, maximum 300 words).

Vending machines

Options for applying the policy to vending machines

To ban the sale of high-caffeine energy drinks to children under 16 years in all locations where these drinks are sold, we must also ban their sale from vending machines. Vending machines are automated and often unsupervised, meaning it is not easy to prevent the sale of specific items based on age.

We have identified 2 main options to apply this policy to vending machines.

Option 1: banning sales from all vending machines regardless of the age of the person buying them

Option 1 is the most straightforward for businesses to implement and the relevant authorities to enforce. However, it would stop high-caffeine energy drinks being sold to people aged 16 and over, even though they are not in scope of the proposed ban. This option may also increase the impact on businesses.

Option 2: the business or organisation where the vending machine is located is responsible for the age of sale ban

Option 2 means these businesses or organisations would need to take appropriate action to comply with the age of sale ban. For example, the Vending and Automated Retail Association voluntary guidance on healthier vending recommends that high-caffeine energy drinks should not be vended in ‘public sites which can be accessed by consumers under 16 years of age’. This option may lead to different approaches locally and might mean that children can still buy these products in some locations. It could also be difficult for the relevant authorities to enforce this option. To address these challenges, we think it may be necessary for vending machines in public places to have age verification hardware installed.

Proposal for applying the policy to vending machines

On balance, we propose that option 1 is the approach most likely to be effective and enforceable. This decision takes into account lessons learnt from the ban on the sale of tobacco products to children from automated machines. The 2012 impact assessment on banning the sale of tobacco from vending machines showed it was not effective for the retailer to ensure that no one under the age of 18 years (that is, aged 17 years and under) used the machine. As a result, the sale of tobacco in automated machines was banned altogether.

Though vending machine owners may install age verification hardware, this has a high associated cost and may not be commercially viable for selling high-caffeine energy drinks.

We think that it is appropriate to take the approach in option 1 to protect the public health of children, but we invite views on the proposal and information on its impact to businesses.

We propose that the person who controls or manages the premises where the vending machine is located would be liable if the ban was breached. This approach is consistent with liability for the ban on selling tobacco in automated machines.

Questions

Do you agree or disagree that the sale of high-caffeine energy drinks should be banned from all vending machines?

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please provide any specific information or evidence to support your answer (optional, maximum 300 words).

If you do not agree with the proposal, how should the ban apply in vending machines and why? Please provide any specific information or evidence to support your answer (optional, maximum 300 words).

Questions

Do you agree or disagree that the person who controls or manages the premises where the machine is located should be liable for any underage sales of high-caffeine energy drinks from vending machines? (optional)

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please provide any specific information or evidence to support your answer (optional, maximum 300 words).

If you do not agree with the proposal, who should be liable for any underage sales from vending machines and why? Please provide any specific information or evidence to support your answer (maximum 300 words).

The next 2 questions are specifically for vending machine operators, owners, or businesses that sell high-caffeine energy drinks in vending machines.

Questions

What would be the impact of a complete ban on sales of high-caffeine energy drinks in vending machines to your business? (optional)

Please provide any specific information or evidence to support your answer (maximum 300 words).

How could a ban on vending sales of high-caffeine energy drinks to children under 16 years only work in practice?

Please provide any specific information or evidence to support your answer (maximum 300 words).

Implementing the ban

For the many larger retailers and convenience stores that have taken voluntary action to ban the sale of high-caffeine energy drinks to children under 16 years, policies and processes to prevent underage sales will already be in place. These may include:

• systems to verify the age of customers in store and online
• staff training, for example on implementing the ban and managing conflict during a sale refusal
• clear signs to inform customers of the minimum age of purchase
• maintaining a record of when sales have been refused, for example if a customer cannot prove their age

However, some businesses will need to take a range of actions to implement this age of sale ban. We recognise that these businesses will need time to prepare to prevent underage sales.

We want to balance the need to protect the public health of our children with the need to give businesses enough time to prepare to implement the age of sale ban, and give enforcement authorities enough time to prepare to enforce it. We propose that a 6 month implementation period is appropriate, since many retailers already have processes for the sale of other age-restricted products that they can build on. These may include voluntary bans on the sale of high-caffeine energy drinks.

We are interested in views on our proposed timescale to implement this ban, particularly from retailers or businesses selling high-caffeine energy drinks and from authorities who would enforce the ban, or their representative bodies.

Questions

Do you agree or disagree that 6 months is an appropriate length of time for businesses and enforcement authorities to prepare to implement the ban?

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please provide any specific information or evidence to support your answer (optional, maximum 300 words).

If you do not agree with the proposal, how long should the implementation period be? Enter the number of months. If you do not have an alternative suggestion, please enter ‘0’ (zero).

Please provide any specific information or evidence to support your answer (optional, maximum 300 words).

Questions

If you are a retailer or business selling high-caffeine energy drinks, have you already implemented a voluntary ban on sales to children under 16 years? (optional)

• Yes
• No
• Don’t know
• Not applicable - I am not a retailer or business selling high-caffeine energy drinks

How we propose enforcing the ban

For this age of sale ban to be effective in protecting children’s health, it must be implemented and enforced. This section sets out how we propose the ban should be enforced.

In particular, we are seeking views from relevant partners such as local authorities (reflecting the views of trading standards and environmental health officers), and retailers in scope of the proposed ban. However, we welcome views from other interested respondents.

You will need to read this section if you want to answer questions on our proposals for enforcing the ban.

Enforcement powers

We intend to use powers in the Food Safety Act 1990 to ban the sale of high-caffeine energy drinks to children under 16 years. As specified in the act, local authorities as enforcement authorities will be responsible for enforcing the ban. Local trading standards officers are typically responsible for enforcing such regulations, but enforcement policy will depend on local arrangements.

Under the Food Safety Act 1990, underage sales of high-caffeine energy drinks will become a criminal offence. To supplement penalties in the Food Safety Act 1990 and ensure penalties are proportionate to the circumstances of the offence, we propose that local authorities should be permitted to issue fixed monetary penalties (a fine) as an alternative option to the criminal penalties outlined in the act.

We plan to use measures in the Regulatory Enforcement and Sanctions Act 2008 to enable local authorities to issue a fixed monetary penalty. They can do this when they are satisfied beyond reasonable doubt that an offence has been committed and decide that a civil sanction, rather than criminal prosecution, is the most appropriate action to take. This is in line with enforcement of other food legislation under the Food Safety Act 1990, such as restrictions on the placement and promotion of products high in fat, sugar and salt.

We think that offering a civil sanction as an enforcement option enables local authorities to respond appropriately to the risk of harm from underage sales of high-caffeine energy drinks. For cases where a person or a retailer’s offending is deliberate or repeated, local authorities may consider that criminal prosecution is more appropriate.

Assessing compliance with the ban

Local authorities can assess a person or retailer’s compliance with the age of sale ban on high-caffeine energy drinks in response to information or complaints obtained (including from the public) about underage sales from a specific premises.

To issue a penalty, local authorities must gather evidence beyond reasonable doubt that a person or retailer has failed to comply. To ensure any action taken is proportionate, the local authority may decide to first discuss the information obtained or complaint received with the retailer and provide guidance to help them comply with the legislation. To check compliance, the local authority may carry out test purchasing operations or other checks.

To assess compliance with other age restrictions like buying alcohol, local authorities generally use intelligence-led test purchasing operations. Depending on how the activity is undertaken, these may be authorised under provisions in part 2 of the Regulation of Investigatory Powers Act 2000. While these covert surveillance powers are inherently more intrusive, we think it would be appropriate that the process to assess compliance with the age restriction on high-caffeine energy drinks should be consistent with the processes for other age restricted products.

For local authorities to be able to use these methods to assess compliance with the age restriction on high-caffeine energy drinks in appropriate circumstances, the secondary legislation underpinning the Regulation of Investigatory Powers Act 2000 would need to be amended. For more information, see The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010.

Question

Should powers under the Regulation of Investigatory Powers Act 2000 be extended to allow local authorities to assess compliance with the age restriction on the sale of high-caffeine energy drinks?

• Yes
• No
• Don’t know

Please provide any specific information or evidence to support your answer, including detail of any alternative approaches that could be considered to assess compliance (optional, maximum 300 words).

Process of issuing a fixed monetary penalty

If the regulator is satisfied beyond reasonable doubt that a person or retailer has failed to comply with the minimum age of sale on high-caffeine energy drinks, they may decide to issue a fixed monetary penalty. The Regulatory Enforcement and Sanctions Act 2008 sets out the process for issuing a fixed monetary penalty.

Notice of intent

The regulator serves a notice of intent to impose a fixed monetary penalty. The notice of intent must include:

• information on the reason a penalty has been issued
• the level of the penalty
• how the person or retailer can discharge liability (that is admitting to the offence and paying a fine at a reduced rate to avoid being prosecuted)
• details on how the person or retailer can make representations and objections to the local authority

The person or business has 28 days from the date of being issued a notice of intent to either:

• discharge liability, by paying a sum at a rate of 50% of the fixed monetary penalty
• make representations and objections to the local authority

28 days is the longest period permitted by the Regulatory Enforcement and Sanctions Act 2008.

If within 28 days the person or retailer has not discharged liability or made representations and objections which are subsequently successful, the local authority will decide whether to issue the fixed monetary penalty.

Final notice

The regulator may issue a final notice to impose a fixed monetary penalty if they are satisfied beyond reasonable doubt that a breach has occurred. The person or business has 28 days from being issued a final notice to either:

• pay the fixed monetary penalty in full
• appeal the fixed monetary penalty to a first-tier tribunal (if the appeal is unsuccessful, payment must then be made within 14 days of the appeal decision)

If any person or retailer does not pay or appeal the penalty within 28 days of being issued the final notice, the penalty will be increased by 50%. Local authorities may recover any penalty imposed under a court order.

We are interested in views on whether the proposed process is fair and proportionate.

Questions

Do you agree or disagree that 28 days is an appropriate length of time to make representations and objections or to discharge liability for a notice of intent?

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please provide any specific information or evidence to support your answer (optional, maximum 300 words).

If you do not agree with the proposal, how many days is an appropriate length of time to make representations and objections or to discharge liability for a notice of intent?

Enter number of days. Suggestions must be less than 28 days. If you do not have an alternative suggestion, please enter ‘0’ (zero).

Please provide any specific information or evidence to support your answer (optional, maximum 300 words).

Question

Do you agree or disagree that a person or retailer should be able to discharge liability for a fixed monetary penalty at a rate of 50% of the penalty within 28 days of being issued a notice of intent?

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please provide any specific information or evidence to support your answer (optional, maximum 300 words).

Questions

Do you agree or disagree that 28 days is an appropriate length of time to pay a final notice?

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please provide any specific information or evidence to support your answer (optional, maximum 300 words).

If you do not agree with the proposal, how many days is an appropriate length of time to pay a final notice? Enter number of days. Suggestions must be less than 28 days. If you do not have an alternative suggestion, please enter ‘0’ (zero).

Please provide any specific information or evidence to support your answer (optional, maximum 300 words).

Question

Do you agree or disagree that failure to pay or appeal a final notice within 28 days should result in the penalty being increased by 50%?

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please provide any specific information or evidence to support your answer (optional, maximum 300 words).

Level of fixed monetary penalty for underage sales of high-caffeine energy drinks

Fixed monetary penalties should be proportionate but high enough to stop sellers, retailers and businesses from making underage sales. We think that different fines may be appropriate for different sized retailers. Table 1 shows the proposed penalties.

Table 1: proposed fixed monetary penalties for underage sales of high-caffeine energy drinks

Person or business	Sum of the fixed monetary penalty	Sum to discharge liability (50% of the fixed monetary penalty) within the specified time	Sum for any penalty that is unpaid and has not been appealed after the specified time
Individual, micro and small businesses (less than 50 employees)	£1,500	£750	£2,250
Medium and large businesses (50 employees or more)	£2,500	£1,250	£3,750

Questions

Do you agree or disagree that the proposed amounts for fixed monetary penalties are appropriate?

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please provide any specific information or evidence to support your answer (optional, maximum 300 words).

If you do not agree with the proposed amounts, what should the fixed monetary penalty for individual, micro and small businesses be?

If you do not agree with the proposed amounts, what should the fixed monetary penalty for medium and large businesses be?

For these questions, please enter an amount in pound sterling (£). If you do not have an alternative suggestion, please enter ‘0’ (zero).

Please provide any specific information or evidence to support your answer (optional, maximum 300 words).

Review of regulatory powers

The government is required to review the use of Regulatory Enforcement and Sanctions Act 2008 powers to enforce the policy within 3 years of them coming into force. That review will consider whether fixed monetary penalties have been implemented effectively and achieve their objective.

Additional requirements for local authorities

The Regulatory Enforcement and Sanctions Act 2008 sets out some additional requirements for local authorities, as the regulator of the ban. These questions are specifically for people responding on behalf of a local authority or sharing views and experiences relating to local government.

Guidance

Local authorities need to produce guidance about the new fixed monetary penalties and how they will be used to enforce an offence. This will include:

• information on the circumstances in which a penalty is likely to be imposed or not
• how liability for the penalty may be discharged
• rights to make representations and objections, or to appeal

Before publishing or revising guidance, local authorities will need to consult with organisations that represent interests likely to be substantially affected by the guidance. We will develop guidance, in consultation with stakeholders, that enforcement bodies and businesses can use to help them comply with the regulations. Local authorities can then adapt it as required.

Transparency

Local authorities will also need to publish the details of any cases in which a final notice has been issued to impose a fixed monetary penalty. Where an appeal to the first-tier tribunal has been successful and the penalty is overturned, the case does not need to be published.

There may be certain circumstances where it might be inappropriate for local authorities to publish details of these cases. We welcome views on what circumstances they may be, if any.

The following questions are specifically for people responding on behalf of a local authority or sharing views and experiences relating to local government.

Question

Are there any circumstances where it might be inappropriate for local authorities to publish details of cases where a civil sanction has been imposed?

• Yes
• No
• Don’t know

Please provide any specific information or evidence to support your answer (optional, maximum 300 words).

Question

Will the additional guidance and transparency requirements place any additional costs on your local authority?

• Yes
• No
• Don’t know

Please provide any specific information or evidence to support your answer, including the estimated cost (optional, maximum 300 words).

New burdens for local authorities

We welcome views from local authorities on the possible impact of the proposed enforcement approach, including information, evidence or data that we should take into account in our new burdens assessment on the ban. This assessment will consider the impact of the new legislation on local government.

This question is specifically for people responding on behalf of a local authority or sharing views and experiences relating to local government.

Question

Please provide any further information, evidence or data that should inform the new burdens assessment (optional, maximum 300 words).

Impact on groups with protected characteristics

We would like to understand the impact of our proposals on people with protected characteristics. It is against the law to discriminate against anyone because of a protected characteristic, which are:

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity leave
• race (including colour, nationality, ethnic or national origin)
• religion or belief
• sex
• sexual orientation

Questions

Do you think that this proposal would be likely to have an impact on people who share a protected characteristic in a way that is different from those who do not share it?

• Yes
• No
• Don’t know

Which protected characteristics do you think this applies to? Select all that apply.

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race (including colour, nationality, ethnic or national origin)
• religion or belief
• sex
• sexual orientation

Please provide any specific information or evidence about how the proposal might impact people differently because of any of these protected characteristics, including whether the impact is likely to be positive or negative (optional, maximum 300 words).

Additional information you would like to submit

We welcome any further information you would like to provide to inform our final impact assessment on banning the sale of high-caffeine energy drinks to children under 16 years.

For example, this can include information on the health or social impacts of children consuming high-caffeine energy drinks. It may also include information on the impact on, or cost to, your business or organisation, including new burdens.

Question

Please provide any further evidence or data you want us to consider in our final impact assessment. You can upload up to 3 files.

If applicable, you can raise any further matters about this consultation (optional, maximum 300 words).

How to respond

Please respond by completing the online survey.

Do not provide personal information when responding to free-text survey questions. We will remove any personal information before the responses are analysed, and it will not be considered in the consultation outcome.

The consultation is open for 12 weeks and will close at 11:59pm on 26 November 2025. If you respond after this date, your response will not be considered.

If you have any questions about the consultation, you can email us at energydrinksconsultation@dhsc.gov.uk. Do not send your consultation answers or any personal information to this email address.

References

Ajibo C, Van Griethuysen A, Visram S and Lake AA. Consumption of energy drinks by children and young people: a systematic review examining evidence of physical effects and consumer attitudes. Public Health 2024: volume 227, pages 274 to 281.

Brooks F, Klemera E, Chester K, Magnusson J and Spencer N. Health behaviour in school-aged children (HBSC) national report: findings from the 2018 HBSC study for England (PDF, 1.4MB). University of Hertfordshire 2020.

EFSA panel on dietetic products, nutrition and allergies. Scientific opinion on the safety of caffeine. EFSA Journal 2015: volume 13, issue 5, article number 4102.

Hulbert S, Eida T, Ferris E, Hrytsenko V and Kendall S. Health behaviour in school-aged children (HBSC) national report: findings from the 2021-2022 HBSC study for England (PDF, 4.4MB). University of Kent 2023.

Inchingolo AM, Malcangi G, Ferrante L, Del Vecchio G, Viapiano F, Mancini A, Inchingolo F, Inchingolo AD, Di Venere D, Dipalma G, Patano A. Damage from Carbonated Soft Drinks on Enamel: A Systematic Review. Nutrients. 2023 volume 15, issue 7, page 1785

Khouja C, Kneale D, Brunton G, Raine G, Stansfield C, Sowden A, Sutcliffe K and Thomas J. Consumption and effects of caffeinated energy drinks in young people: an overview of systematic reviews and secondary analysis of UK data to inform policy. BMJ Open 2022: volume 12, issue 2, article number e047746.

Reissig CJ, Strain EC and Griffiths RR. Caffeinated energy drinks - a growing problem. Drug and Alcohol Dependence 2009: volume 99, issues 1 to 3, pages 1 to 10.

Vogel C, Shaw S, Strömmer S, Crozier S, Jenner S, Cooper C, Baird J, Inskip H and Barkeret M. Inequalities in energy drink consumption among UK adolescents: a mixed-methods study. Public Health Nutrition 2022: volume 26, issue 3, pages 575 to 585.

Privacy notice

Introduction

This privacy notice sets out how we will use the information we collect through this consultation, as well as your rights as a respondent under the UK General Data Protection Regulation (GDPR).

Data controller

DHSC is the data controller. This means that we:

• have a responsibility to protect your privacy
• decide how to use the information you consent to share with us
• are responsible for keeping you informed about changes to how we collect or use your information

What personal data we collect

When you respond to the consultation, we will collect and process the following data:

• whether you are responding as an individual member of the public, an individual sharing your professional views and experiences, or on behalf of an organisation
• the name of your organisation, its sector, type and size, and the location where your organisation operates or provides services (if you are responding on behalf of an organisation)

We will also collect the following personal data, if you choose to give it to us:

• your email address
• your personal characteristics (including your age, sex and ethnicity)
• whether you are a parent, and the age groups of your children (if you are responding as an individual sharing your views and experiences)
• the sector you work in (if you are responding as an individual sharing your professional views and experiences)

How we use your data

We collect your information as part of the consultation process for statistical purposes. The information will help us understand how representative the consultation results are. It will also show us whether views and experiences vary across groups of people who share certain characteristics, professions, or across types of organisation and business.

If you provide your email address you are also agreeing that DHSC can use this to:

• identify your response if you ask us to amend or delete it
• send you a reminder before the consultation closes, if you have started the survey but not submitted your final response
• contact you for further information about your response if needed
• share the consultation response or notify you of related publications

Legal basis for processing personal data

Under article 6 of the UK GDPR, the legal basis we rely on for processing this personal data is that the processing is necessary to perform a task in the public interest, or for our official functions, and the task or function has a clear basis in law.

This is in line with the duties of the Secretary of State for Health and Social Care in relation to the promotion and provision of the health service in England (including public health functions), as outlined in part 1 of the NHS Act 2006 (as amended by the Health and Social Care Act 2012).

Because some of the data we are asking for is sensitive (such as ethnic group), it is known as ‘special category data’ and requires an additional condition to be met under article 9 of the UK GDPR. The condition is that the processing is necessary for reasons of substantial public interest, namely statutory and government purposes as per the duties of the Secretary of State outlined above. For more information, you can read this guide to special category data.

Who your information may be shared with

Responses to the consultation may be seen by:

• DHSC officials such as policy, data analysts, economists and lawyers working on high-caffeine energy drinks policy, as well as ministers and their private offices (this will not include your email address)
• officials from other government departments including the devolved administrations of Scotland, Wales and Northern Ireland, where it is appropriate (this will not include your email address)
• DHSC’s third-party contracted supplier SocialOptic, which is responsible for hosting the online consultation

International data transfers and storage locations

DHSC data storage is provided through secure computing infrastructure on servers located in the European Economic Area. DHSC platforms are subject to extensive security protections and encryption measures.

SocialOptic data storage is provided through secure servers located in the UK.

How long we keep your information

We will hold your personal information for up to one year after the online consultation closes. Anonymised information may be kept indefinitely.

We will ask SocialOptic to securely delete the information held on their system one year after the online consultation closes.

How we protect your data and keep it secure

DHSC uses a range of technical, organisational and administrative security measures to protect any information we hold in our records from:

• loss
• misuse
• unauthorised access
• disclosure
• alteration
• destruction

We have written procedures and policies that are regularly audited and reviewed at a senior level.

SocialOptic is Cyber Essentials certified. This is a government-backed scheme that helps organisations protect themselves against the most common cyber attacks.

Your rights

By law, you have a number of rights, and processing your data does not take away or reduce these rights under the UK GDPR and the UK Data Protection Act 2018.

You have the right to:

• ask for and receive a copy of any information about you
• get information about you corrected if you think it’s inaccurate
• limit how your information is used, for example you can ask for it to be restricted if you think it’s inaccurate
• object to your information being used (this is not an absolute right)
• get information deleted (this is not an absolute right)

The rights that are not absolute will depend on a number of factors, including the lawful basis relied upon for processing, and if your information is being used for research.

Comments or complaints

We will always try to respond to concerns or queries that you have about your data.

If you are unhappy about how your information is being used, or if you want to complain about how your data is used as part of this consultation, you should email data_protection@dhsc.gov.uk or write to:

Data Protection Officer
1st Floor North
39 Victoria Street
London
SW1H 0EU

If you are still not satisfied, you can complain to the Information Commissioner’s Office (ICO). You can find out how to contact them at the ICO website. Their postal address is:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Automated decision making or profiling

No decision will be made about you, which has a significant impact on you, solely based on automated decision making (where a decision is taken about you using an electronic system without human involvement).

Changes to this privacy notice

We keep this privacy notice under regular review, and will update it if necessary. All updated versions will be marked by a change note on the consultation page.