Welsh Government plans under-16 energy drink ban with fines for retailers

Nation.Cymru staff

Retailers could face fines for selling high-caffeine energy drinks to children under 16 under Welsh Government proposals.

Ministers intend to legislate to restrict sales, with a new consultation seeking views on enforcement, age checks and penalties.

The proposals would cover shops, online sellers and other businesses selling directly to consumers. They would also prohibit sales through all automated vending machines, including those used by adults.

The consultation opened on November 5 and closes on December 17. A potential date for the restrictions to take effect has not yet been set.

Deputy Minister for Public and Preventative Health Nerys Evans said the decision followed an earlier consultation and further evidence gathering.

“Having considered the responses to these earlier exercises and the available evidence, the current Welsh Government has decided to take forward the proposals to prohibit the sale of high-caffeine energy drinks to children under 16,” she said.

“This consultation now seeks views on implementation, how a restriction should be enforced, how compliance should be assessed and how proportionate sanctions should be applied.”

Products covered

The restriction would apply to drinks containing more than 150 milligrams of caffeine per litre, excluding tea and coffee.

Concentrated or powdered drinks intended to be diluted or reconstituted would also be covered. Other caffeinated products, such as caffeine gum and pouches, would fall outside its scope.

Ministers favour a blanket vending-machine ban because of concerns about reliably preventing underage purchases. They argue that exemptions for predominantly adult settings could make the rules harder to apply and enforce.

Some retailers already operate voluntary age restrictions, but the Welsh Government says legislation would provide greater consistency and a level playing field for businesses.

Its 2022 consultation received 331 responses, with 72% supporting a restriction in principle. A subsequent call for evidence in 2024 broadly supported the policy direction while identifying practical issues around implementation.

Fines and age checks

Selling the drinks to under-16s would be a criminal offence carrying a maximum court fine of £2,500.

Councils would also be able to impose fixed monetary penalties as an alternative to prosecution: £1,500 for individuals and businesses employing fewer than 50 people, and £2,500 for larger businesses.

Unpaid penalties that had not been appealed would increase by 50%, taking them to £2,250 and £3,750 respectively. Prosecution would remain available, particularly for serious, deliberate or repeated breaches.

Businesses would have to take reasonable steps to prevent underage sales, but no single age-checking method would be prescribed.

Ministers are seeking views on how online checks should work, including whether they should take place when an order is placed or delivered.

Health concerns

Supporting assessments identify associations between children’s energy drink consumption and sleep problems, headaches, irritability, lower wellbeing and poorer educational outcomes.

The Welsh Government acknowledges limitations in the scientific evidence but says the overall findings provide sufficient grounds for action.

Its health assessment stresses that the proposed caffeine concentration limit identifies which drinks would be covered; it is not a safety threshold.

The assessments also highlight uncertainty over whether some young people might switch to other caffeinated products or obtain drinks through others.

Ministers propose allowing six months between regulations being made and coming into force, giving businesses and councils time to prepare. Consultation responses will help determine the final arrangements and timetable.