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.
ACS' full submission is available here: https://cdn.acs.org.uk/public/ACS%20Submission%20-%20banning%20the%20sale%20of%20energy%20drinks%20to%20under16s.pdf
