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Spain consults on energy drink ban for under-16s

The Spanish government has launched a public consultation on a proposed law to ban the sale of energy drinks to under-16s and restrict high caffeine drinks to under-18s.

The move marks the start of the legislative process in the country, allowing citizens and affected groups to contribute to the development of the future legislation.

At a glance:

• Spain launches public consultation on its Draft Bill to ban energy drinks for under-16s.
• The push is backed by scientific recommendations and largely welcomed in Spain.
• EU regulation remains fragmented on the issue and unlikely to change anytime soon.

Spain's Ministry of Consumer Affairs wants to prohibit the sale of all energy or caffeine-containing drinks to minors under 16 years of age. This would be extended to 18 years of age if the drinks contain more than 32 milligrams of caffeine per 100 millilitres. The draft bill also aims to regulate the access of beverages with high caffeine, including advertising, promotional free samples, and public event giveaways.

Data provided from the government's Ministry of Health annual survey on drug use in secondary education, ESTUDES, shows that 38.4% of young people aged 14 to 18 in Spain consume energy drinks, with a higher incidence among boys (45.7%) than girls (31%). Furthermore, 15% of these teenagers mix energy drinks with alcohol, “a practice that significantly increases health risks”, the Ministry of Consumer Affairs said.

What are the health risks of excessive energy drink consumption?

Spain's proposal is based on recommendations from scientific bodies, including the Spanish Agency for Food Safety and Nutrition (ASEAN) and the World Health Organization (WHO), that state excessive caffeine consumption can cause unwanted physiological and psychological effects, such as sleep disturbances, behavioural changes, and cardiovascular disorders. Regular consumption of energy drinks has also been associated with caffeine overdose, hypertension, bone loss and osteoporosis, among other health problems, according to research.

The country's Ministry of Consumer Affairs said its draft bill seeks to “limit the risks that consumption of these beverages can pose to children and adolescents”. It also widens existing restrictions, adding to Spain's Royal Decree on Healthy and Sustainable School Dining Halls which prohibits the sale of energy drinks in schools.

A barometer conducted by ASEAN already shows that nine out of 10 people in Spain agree on limiting consumption of energy drinks in childhood and adolescence. This current public consultation will now gather opinions on the necessity of such an initiative, as well as thoughts on timelines, objectives and potential alternative solutions.

EU’s mix of energy drink laws create a fragmented market

According to Spain's Ministry of Consumer Affairs, the initiative to ban the consumption of energy drinks among under-16s “aligns with measures being adopted by various European countries”, including Germany, Norway, Latvia, Poland, Hungary, and Lithuania. It also aligns with regulations already approved or being processed in Spain by some regional governments, such as those in Galicia and Asturias – important to ensure harmonisation at national level, it said.

EU regulatory expert Luca Bucchini, owner and managing director of Hylobates Consulting, said that harmonisation is always important to aim for when introducing new laws, but added that this has not been achieved on the issue of energy drink consumption in the EU.

The European Food Safety Authority (EFSA) assessed caffeine in 2015 but results “did not raise enough alarm to prompt an EU-level prohibition”, Bucchini told Ingredients Network. “Lack of action by the Commission is leading to proliferation of national measures. This is leading to fragmentation of the single market; this is unfortunate.”

Countries like Poland, Lithuania, Latvia, and Hungary, for example, have opted for flat-rate bans of energy drinks to anyone under the age of 18 whereas Germany has an outright ban on energy drinks containing more than 32mg of caffeine per 100ml.

“In the past, the momentum would have been sufficient for the Commission to act. However, in the current political situation, the Commission is unlikely to put forward any legislation. The result is market fragmentation,” Bucchini said.

Industry impact: Spain and EU

For the beverage industry, the Bucchini said Spain's draft bill, if pushed into law, will create issues of compatibility with EU law, causing labelling and marketing issues for energy drink brands working across the region.

It will also heavily change brand visibility in the country because Spain's proposal includes an outright media ban that stops television presenters, collaborators and guests from visibly consuming these drinks or displaying their logos on screen, he explained.

“Combined with a total prohibition on promotional free samples and public event giveaways, Spain is treating high-caffeine beverages with a level of public health strictness that we haven't seen anywhere else in Europe.”