ACS has responded to the Government's consultation on the ban of
energy drinks to under-16s in England, highlighting the need for
a 12-month implementation period to ensure that retailers and
customers are prepared for the change.
Under the proposals first announced in September, drinks that
contain more than 150mg of caffeine per litre would be illegal
for sale to anyone aged under 16. Tea, coffee and lower caffeine
soft drinks are not set to be affected by the plans.
In the Government's consultation on the ban, the Department of
Health and Social Care have proposed a six-month implementation
period for all stakeholders to prepare for the ban. ACS' response
recommends a 12-month implementation period to give enough time
to make consumers aware of the change, allow enforcement
authorities to plan their activity around compliance, and train
staff on the new policies required.
ACS polling of independent retailers in 2022 showed that 80%
already had some form of voluntary policy in place to restrict
the sale of energy drinks to young people. High caffeine soft
drinks are currently labelled as ‘not recommended for children',
but to date there is no legal restriction in place on these
products.
ACS chief executive James Lowman said: "Our members have a
longstanding track record of enforcing age restricted sales on
different products, but it is essential that we have sufficient
time to effectively communicate the details of additional age
restrictions on energy drinks to consumers and colleagues to
avoid the risk of confrontation in stores.”
ACS works with Surrey and Bucks Trading Standards through one of
the UK's leading primary authority partnerships to provide
Assured Advice on age restricted sales, along with other areas of
regulation, to convenience retailers. ACS recommends the use of
Challenge25 policies to help reduce the potential for
confrontation when enforcing the law on the sale of age
restricted products.
