Poland bans sale of energy drinks to minors as producers look for ways around it

From 1 January, Poland started enforcing strict regulations on the sale of energy drinks with caffeine or taurine, requiring an ID for their purchase. However, it was not long before the first beverage manufacturers attempted to circumvent the ban.

The sale ban has emerged from consultations with a diverse group of experts and aims to prioritise the health of children and adolescents who are increasingly attracted to energy drinks.

Moreover, according to a 2020 survey by UCE Research and SYNO Poland, conducted for AdRetail Group, 59% of adult Poles support a statutory ban on the sale of energy drinks to minors.

“Beyond the sales prohibition, it is crucial to undertake initiatives aimed at educating children and their parents or guardians about the health implications of such beverages,” Monika Horna-Cieślak, ombudsman for children, told Euractiv.

Ban on sale but not consumption

An “energy drink” in Poland is defined as a beverage that is consumable and included in the Polish Classification of Goods and Services, which “contains caffeine in a proportion exceeding 150 mg/l or taurine, excluding naturally occurring substances”.

The ombudsman for children highlighted in a comment for Euractiv that the adverse impact of these beverages on children’s health is particularly due to their often high caffeine and carbohydrate content.

In addition to the sales ban, the new bill orders that beverages containing taurine or caffeine will have to be specially labelled, and a producer who fails to do so will face up to PLN200,000 (approximately €45,914) fines or even restriction of freedom.

The law also introduces a total ban on the sale of energy drinks in stores and vending machines on the premises of schools and other educational units.

In the same way as when selling alcohol or tobacco products, sellers can ask for identification if they are unsure about a person’s age. However, unlike the alcohol and tobacco bans, energy drinks can still be consumed by children and teenagers up to the age of 18 as the provision only prohibits the sale of these drinks.

Manufacturers seek a way out of the ban

Beverage producers are already attempting to circumvent the sales ban by reducing the taurine and caffeine content in drinks to 140 mg/l. Additionally, stores now feature sweets with caffeine within the legally allowable limit.

These items fall outside the scope of the ban, enabling retailers to sell them to children of any age.

One of the store chains (Żabka) that is also a manufacturer of caffeine-reduced beverages, queried by “Gazeta Wyborcza” about its internal policy on energy drinks, responded: “We strictly comply with decisions on additional guidelines for the sale of individual products made by relevant institutions and regulatory bodies”.

The company explained that as a chain with more than ten thousand stores, they are aware of their responsibility, so they offer customers a variety of choices. “At the same time, we encourage our clients to reach for healthier alternatives and conduct a series of educational activities targeting different audiences.”

Was the ban on the sale of energisers to minors necessary?

The market for energy drinks in Poland has experienced steady growth over the years.

Euromonitor analysts, in an analysis for “Rzeczpospolita” in mid-2023, calculated that the market was worth PLN 2.22 billion (almost €504 million) just two years ago and is expected to reach nearly PLN 3.25 billion (approximately €744 million) in 2023, an increase of more than 46% from 2021 to 2023.

About 18% of children aged 3-10 consume energy drinks at least once a year, according to a report by the European Food Safety Authority (EFSA)  based on data from 16 European countries.

Among the children surveyed, the smallest number of energy drinkers were in Hungary (6%), Belgium (8%), Austria (9%), Greece (10%), Cyprus (11%), and Poland and Romania (12%). In contrast, the highest percentage of children consuming these drinks was found in the United Kingdom (24%), Spain (26%) and the Czech Republic (40%).

The data indicates that banning the sale of energy drinks to minors could be a step in the right direction.

The first EU member state to ban the sale of energy drinks to minors in 2014 was Lithuania. Another Baltic state, Latvia, followed suit in 2016. Poland became the third country to introduce the ban.

[By Paulina Mozolewska, Edited by Vasiliki Angouridi/Zoran Radosavljevic | Euractiv.com]