Consultation on restricting the sale of high-caffeine energy drinks to children in Wales - Enforcement

The Welsh Government is committed to improving the health and well-being of children and young people and to creating environments that support healthier choices. 

The previous Welsh Government consulted in 2022 on whether sales of high-caffeine energy drinks should be restricted to children and undertook further evidence gathering in 2024. 

Available evidence considered during policy development also identifies associations between children’s consumption of high-caffeine energy drinks and:

• adverse physical health
• mental well-being
• sleep
• behavioural
• educational outcomes 

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.

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.

In particular, we are seeking views from local authorities, businesses in scope of the restrictions and organisations representing those substantially affected by the proposals. However, we welcome responses from all others with an interest. 

Nerys Evans MS

Deputy Minister for Public and Preventative Health.

The Welsh Government intends to introduce legislation under the Food Safety Act 1990 to prohibit the sale of high-caffeine energy drinks to children under 16 in Wales. 

The previous Welsh Government consulted on these proposals in 2022 and undertook further evidence gathering through the 2024 Call for Evidence. 

Having considered the responses to those exercises and the wider available evidence, including Welsh survey data, published research and stakeholder evidence, the current Welsh Government considers that there is a sufficient basis for taking forward legislative action. 

The evidence identifies associations between children’s consumption of high-caffeine energy drinks and a range of adverse health, well-being, sleep, behavioural and educational outcomes.

Our aim is to: 

• reduce children’s access to, and consumption of, high-caffeine energy drinks
• protect children from potential adverse health, well-being, sleep, behavioural and educational outcomes
• support healthier dietary behaviours and contribute to reducing health inequalities
• create a clear and enforceable standard for businesses and consumers
• provide proportionate enforcement tools that encourage compliance and address deliberate or repeated breaches

This consultation now seeks views on implementation and enforcement proposals to ensure that any legislation is effective, proportionate and practical to implement.

We have also published an updated consultation stage impact assessment which sets out our provisional assessment of the impact of the proposals. This will be updated following the consultation. 

In particular, we are seeking views on:

• enforcement powers and sanctions
• liability for breaches
• assessing compliance, including age-verification requirements
• implementation and monitoring arrangements and timescales
• the likely impacts of the proposals on businesses, consumers and enforcement authorities

The responses received will help inform the final design, implementation and enforcement of the proposed legislation.

Why action is proposed

High-caffeine energy drinks are widely available, and data suggests they are consumed by a notable proportion of children and young people.

Research by Teesside University has linked energy drink consumption with:

• headaches
• stomach aches
• tiredness
• reduced sleep duration and quality
•  irritability
• anxiety
• reduced concentration and educational attainment
• engagement in other risk-taking behaviours

While the current market includes welcome voluntary age restrictions operated by some retailers, these arrangements are not universal and can vary between businesses and sales channels.

Legislation, rather than voluntary action, would provide a clear and enforceable approach to this issue, as well as greater consistency and a "level playing field" for businesses.

The 2022 consultation 

The previous Welsh Government consulted from 9 June to 1 September 2022 on a proposal to end the sale of energy drinks to children under 16 years old. 

It sought views on:

• the principle of a statutory restriction
• the age threshold
• the products to be covered
• sales in-store and online
• vending machines
• tea and coffee
• equality and socio-economic effects

The consultation received 331 responses. Seventy-two per cent of respondents supported the restriction in principle. 

The 2022 exercise established broad support for action but also identified issues requiring further consideration, including the:

• evidence base
• definitions
• practical compliance
• burdens on businesses and enforcement authorities
• treatment of different sales channels

The 2024 call for evidence 

A further call for evidence ran from 1 June to 23 September 2024. 

It invited evidence on:

• consumption and purchasing patterns
• physical and mental health
• wider societal effects
• marketing
• voluntary restrictions
• enforcement
• economic impacts
• implementation
• protected characteristics
• rural and urban impacts

Responses were received from health and academic organisations, industry and trade bodies, enforcement interests and members of the public. 

The exercise strengthened the evidence and information available to officials and reinforced the need to consider enforcement and implementation alongside the public health case. It also highlighted differing views among stakeholders.

The Welsh Government recognises that no single study is determinative and that some limitations remain within the scientific evidence base. 

However, we consider it important to assess the evidence as a whole rather than relying on any single study or source. 

The overall body of evidence, including Welsh survey data, published research, consultation responses and evidence gathered through the 2024 Call for Evidence, indicates that children's consumption of high-caffeine energy drinks is associated with a range of adverse health, wellbeing, sleep and behavioural outcomes.

Furthermore, that reducing children’s access to high-caffeine energy drinks has the potential to support improved health and wellbeing outcomes. 

Taken together, we consider this provides a sufficient basis to support taking legislative action to reduce children's access to these products and to support public health objectives. 

We therefore intend to proceed with introducing legislation to prohibit the sale of high-caffeine energy drinks to children under the age of 16 years old in Wales.

The Welsh Government recognises that alternative age thresholds could be adopted and has considered alternative thresholds, including the age of 18. 

However, taking the available evidence, stakeholder views and implementation considerations into account, it considers that a restriction applying to those under 16 years old represents a proportionate approach that targets the age group for whom the public health concerns are most directly relevant while limiting unnecessary impacts on older consumers and businesses. 

Respondents expressed a range of views during the 2022 consultation regarding the age threshold at which sales should be restricted. However, many supported restricting sales to those under the age of 16.

An age threshold of 16 also reflects existing voluntary retail practice and would therefore provide a familiar and practicable basis for implementation. 

Furthermore, it is also consistent with the approach now being taken in England, helping to support consistency for businesses operating across borders.

The restriction will apply to any drink containing more than 150 milligrams of caffeine per litre, excluding tea and coffee.

This definition of a high-caffeine energy drink aligns with Regulation (EU) No 1169/2011 on food information to consumers, which requires products with levels of caffeine above this threshold to carry a statement that they have a high caffeine content and are not recommended for children or pregnant or breastfeeding women. 

Using the existing threshold provides clear criteria for identifying products in scope, therefore ensuring clarity and consistency for businesses, consumers and enforcement authorities. 

It also reflects the criteria already familiar to, and used by, many retailers through their existing voluntary restrictions.

The definition also includes products intended to be diluted or reconstituted before consumption. 

Existing labelling requirements for high-caffeine drinks also apply to products in concentrated or dried form that are intended to be reconstituted before consumption. Including these therefore ensures a consistent and enforceable approach.

A caffeine threshold also provides a clear and objective basis for identifying products covered by the restriction. 

This is likely to be more practical and future-proof than specifying individual brands or product categories, which may change over time.

The Welsh Government has also considered the position of other caffeine-containing products. 

The restriction is not intended to apply to other caffeine-containing products that are not drinks, such as caffeine pouches, caffeine gums or similar products. There is currently less evidence available on how these products are used and accessed. 

The Welsh Government has also considered whether tea and coffee should be included within the scope of the proposed restriction. 

While tea and coffee can contain caffeine, these products are typically marketed, presented and consumed differently from traditional tea and coffee products. The available evidence and stakeholder engagement have primarily identified concerns relating to children's consumption of high-caffeine energy drinks. 

In considering the scope of the restriction, the Welsh Government has taken account of the available evidence, consumption patterns and stakeholder views. 

We consider focusing the restriction on high-caffeine energy drinks, excluding tea and coffee, a targeted and proportionate approach, based on the available evidence and concerns. 

The majority of responses to the 2022 consultation agreed that a restriction should cover all shops, including online environments. 

Respondents considered that universal coverage would reduce opportunities for children to obtain energy drinks through alternative channels and provide greater clarity and consistency for retailers and consumers. 

Public health and public sector respondents also strongly supported including all retail settings.

Having considered the responses and the available evidence, the restriction will cover all sellers, retailers and businesses selling to consumers regardless of size, including the out of home sector and shops not primarily selling food and drink (for example, clothes retailers and newsagents), and online sales to consumers in Wales. 

We consider this is the best approach to ensure the restriction is effective and to also provide fairness for businesses. This is also consistent with other age-restricted products. 

The restriction would not however apply to business-to-business sales, such as wholesalers, where there is no direct public health benefit to children.

Some respondents however raised practical concerns about age verification and enforcement approaches for online sales. We are therefore seeking further views on this, as set out below. 

The 2022 consultation expressly sought views on vending-machine sales, including whether exemptions should apply in certain settings. 

Following further policy development, we intend to prohibit the sale of high-caffeine energy drinks through all automated vending machines. 

This reflects concerns about the practical difficulties of restricting access to high-caffeine energy drinks through vending machine sales.

We have considered using a settings-based approach, for example, by exempting locations that are predominantly adult. Such an approach may be more complex to implement and enforce, particularly if settings are mixed or their use varies over time and between businesses. This could lead to variations in how a restriction is applied. 

We have also considered the use of age verification systems. From the evidence provided, it’s considered unclear whether this would be sufficient and reliable to prevent underage sales.

On the basis of the evidence considered, we therefore consider a complete ban would provide the desirability of a clear and consistent approach across all vending machine settings. 

It provides clarity as to where the restriction applies, reduces the risk of variations across settings, facilitates easier enforcement and ensures the policy remains effective. 

This approach would also be consistent with the approach taken to other age restricted products in vending machines, such as the sale of tobacco.

In July 2026, the UK Government confirmed its intention to introduce legislation prohibiting sales of high-caffeine energy drinks to under 16s in England. 

Their legislation is planned to come into force in April 2027, subject to the usual Parliamentary processes, scrutiny and approval. 

The Welsh Government is proposing an approach that broadly aligns with England. 

This consultation will however help inform decisions on enforcement arrangements, sanctions, implementation timescales and operational delivery in Wales.

In Scotland, the Scottish Government consulted on introducing a restriction on the sale of energy drinks to children and young people. 

However, following consideration of the consultation responses and the available evidence, it announced in 2023 that it would not pursue mandatory restrictions at that time and would continue to consider further evidence and analysis. 

In Northern Ireland, there is currently no statutory restriction on the sale of high-caffeine energy drinks to children. 

The Northern Ireland Department of Health has indicated that it is aware of concerns regarding the caffeine and sugar content of these products and is keeping developments elsewhere in the UK under review.

This consultation provides an opportunity for stakeholders to help shape the practical arrangements that would support the effective, proportionate and consistent implementation of the proposed restrictions across Wales.

For a restriction to be effective, it must be properly enforced. Our intention is to use enforcement powers in the Food Safety Act 1990 (“the 1990 Act”) and the Regulatory Enforcement and Sanctions Act 2008 (“RESA”). 

Underage sales of high-caffeine energy drinks would be a criminal offence, liable on summary conviction to a fine not exceeding level 4 on the standard scale (£2,500). 

To supplement this, the Welsh Government proposes to give local authorities the power to impose a fixed monetary penalty (a fine) as an alternative option to a criminal penalty. 

This would be where the local authority is satisfied beyond reasonable doubt that an offence has been committed. 

We consider that a civil sanction would ensure a more appropriate and proportionate response to enforcement to the circumstances of the offence. 

This is also in line with the enforcement of other food legislation under the 1990 Act, such as restrictions on the placement and promotion of products high in fat, sugar and salt. 

Prosecution would however remain available as an enforcement option, particularly in cases involving serious, deliberate or repeated non-compliance.

It is proposed that the local authority food authorities would be responsible for enforcing the restriction. 

Local arrangements would determine whether functions are carried out principally by trading standards, environmental health or another authorised service. 

This reflects their existing responsibilities for enforcing food-law and other age-restricted sales legislation, allowing delivery through established compliance and inspection arrangements.

The Welsh Government intends to publish implementation guidance to support businesses and enforcement authorities. 

The guidance could cover matters such as:

• the products
• businesses and sales covered by the restriction
• reasonable age-verification arrangements
• staff training
• record keeping
• vending-machine responsibilities
• the application of any defences

We are also seeking views on what further information or practical support should be included.

Enforcement authorities could respond to intelligence and complaints by assessing compliance with the age of sale restriction and undertaking targeted checks. 

To issue a penalty, local authorities would be required gather evidence beyond reasonable doubt that a person or retailer has failed to comply. 

The preferred approach is to support compliance through clear guidance and engagement from local authorities. Formal action would then be available where appropriate, particularly for deliberate, serious or repeated non-compliance. 

To check compliance, local authorities may inspect relevant records and sales arrangements or carry out test purchasing operations.

Intelligence-led test purchasing is a well-established enforcement tool used to support compliance with a range of age-restricted products, such as alcohol. 

In some circumstances and depending on how the activity is undertaken, such enforcement activity may require authorisation under Part 2 of the Regulation of Investigatory Powers Act 2000 (RIPA), particularly where directed surveillance is involved or it involves the use or conduct of a covert human intelligence source. 

While more intrusive, this approach would be consistent with existing processes for other age restricted products.

For local authorities to use these methods to assess compliance and support effective enforcement of the restriction in appropriate circumstances, legislative changes would be required to secondary legislation underpinning RIPA. 

The Welsh Government is considering the appropriateness and proportionality of the use of these covert surveillance powers to assess compliance for a ban on the sale of energy drinks to under 16s. 

We are also currently discussing this issue with the UK Government, as the relevant legislative changes to enable this would need to be made by the UK Government.

We are seeking views on whether powers under RIPA should be extended to allow local authorities to assess compliance with an age restriction on the sale of high-caffeine energy drinks.

The Welsh Government proposes to give local authorities the power to impose a fixed monetary penalty where they are satisfied beyond reasonable doubt that an offence has been committed and consider that a civil sanction would be a more appropriate and proportionate response. 

RESA sets out the process for issuing a fixed monetary penalty. It requires that a local authority serves a notice of intent where it proposes to impose a fixed monetary penalty. 

The notice of intent must include:

• information on the reason a penalty has been issued
• the level of the penalty
• how the person or retailer can discharge liability (that is admitting to the offence and the rate at which the fine can be paid to avoid being prosecuted)
• details on the right to make representations and objections to the local authority and the period within which they must be made
• the circumstances in which the local authority may not impose a fixed monetary penalty

RESA permits a reduced rate of less than or equal to the amount of the penalty to be paid to discharge liability for the fixed monetary penalty. We propose a reduced rate of 50% of the penalty amount. 

the penalty amount. 

RESA also permits no more than 28 days from the date the notice of intent was received to either:

• discharge liability of the fixed monetary penalty
• make representations and objections to the local authority

We propose to allow the maximum time of 28 days. 

If within 28 days liability is not discharged, or made representations and objections which are unsuccessful, the local authority would need to decide whether to impose a fixed monetary penalty. 

Where the local authority is satisfied beyond reasonable doubt that an offence has been committed and decides to proceed, they would be required to serve a final notice imposing the penalty. 

A final notice must include:

• information on the reasons for imposing the penalty
• how payment may be made and the period within which it must be made
• any early payment discounts or late payment penalties 
• details on the right to appeal against the decision to impose the penalty 
• the consequences of non-payment

Where a final notice is issued, within 28 days the full penalty would be payable or the recipient must submit an appeal to the First-tier Tribunal. 

Any penalty that remains unpaid within 28 days and is not subject to an appeal would increase by 50%. 

Where an appeal is made, if the appeal is unsuccessful, payment of the full penalty would be required within 14 days of the appeal decision and subject to a 50% increase where it is not paid within 14 days. 

We also propose that local authorities would be permitted to recover any unpaid penalty under a court order. 

It is proposed that the fixed monetary penalty amount would be set at £1,500 for an individual, micro-business or small business (employing fewer than 50 people), and £2,500 for a medium-sized or large business (employing 50 or more people).

The proposed penalty levels are intended to provide a meaningful deterrent while remaining proportionate to the nature of the offence and size of the relevant retailer. 

They are designed to encourage compliance and provide an effective alternative to prosecution in appropriate cases.

We are seeking views on whether this approach and these penalty levels provide an appropriate, proportionate and effective enforcement mechanism for breaches of the proposed age restriction.

The table below provides illustrative examples of how the proposed penalty arrangements would operate in practice. 

We have considered who should be responsible for ensuring compliance with the restriction. 

We propose that businesses selling high-caffeine energy drinks directly to consumers would be responsible for ensuring that sales are not made to children under the age of 16. 

In most cases, enforcement action would be directed at the business responsible for the sale. This would include retailers operating from physical premises and online retailers. 

Retailers would be responsible for taking reasonable steps to prevent the sale to children under the age of 16. 

The regulations would not prescribe a particular age-verification method. 

Businesses would be able adopt arrangements they deem proportionate and appropriate to their sales model. Examples of reasonable steps may include:

• operating a Challenge 25 policy
• requesting recognised photographic identification where age is in doubt
• using appropriate electronic age-assurance systems

Recognising concerns about the practical challenge of age verification for online sales, we are seeking further views on this, as set out below. 

For vending machines, we propose the person who controls or manages the premises where the machine is located would be liable, consistent with liability in relation to the sale of tobacco in vending machines in Wales.

The Welsh Government also proposes to provide a defence where a person can demonstrate that they took all reasonable steps to prevent the offence from occurring. 

Online sales of energy drinks would be subject to the same age restriction as sales made in physical premises. 

Responses to the 2022 consultation raised concerns that establishing age verification systems for online deliveries in Wales may be difficult. 

We invite further views on how this should work in practice, including whether age verification should be undertaken at the point of sale or the point of delivery.

The Welsh Government proposes a 6 month implementation period between the regulations being made and coming into force. 

A 6 month implementation period is proposed to balance the need to realise the public health benefits of the restriction without unnecessary delay against the time required for businesses and enforcement authorities to prepare. 

Although some retailers already operate voluntary age restrictions, others may need to introduce or update:

• age-verification processes
• staff training
• online systems
• contractual arrangements

Local authorities would also need time to prepare guidance and enforcement arrangements. 

Consultation responses will be used to assess whether 6 months is sufficient and proportionate for businesses of different sizes and operating models.

We will use feedback from this consultation and the expected legislative timetable to decide when the ban will be introduced and take effect.

The Welsh Government will also be required by section 67 of RESA to review the use of RESA powers to enforce the policy as soon as is practicable after 3 years of the restriction coming into force. 

RESA also provides for some additional requirements for the regulator. 

Local authorities would be required to prepare, and revise where appropriate, guidance about the new fixed monetary penalties and how they will be used to enforce an offence. 

This will include matters such as:

• information on the circumstances in which a penalty is likely to, or may not be, imposed
• how liability for the penalty may be discharged and the effect of this
• rights to make representations and objections, or to appeal

The guidance must be published and local authorities would be required to have regard to it. 

Before publishing or revising guidance, local authorities will need to consult with organisations representing interests likely to be substantially affected by the guidance and any other persons the local authority considers appropriate.

Local authorities would also need to publish reports specifying any cases in which liability has been discharged at a reduced rate following a notice of intent and in which a final notice has been issued to impose a fixed monetary penalty. 

Where an appeal to the first-tier tribunal has been successful and the penalty is overturned, the case would not need to be published.

There may be certain circumstances where it might be inappropriate for local authorities to publish details of these cases. We welcome views on what circumstances they may be, if any.

The Welsh Government is also updating its Regulatory Impact Assessment and Integrated Impact Assessments. 

Through this consultation, we are seeking evidence on the likely one-off and ongoing costs of implementation, potential impacts on small and rural businesses, enforcement capacity, online retail, equality, children's rights, the Welsh language and the socio-economic duty.

Question 1

Do you agree that local authority food authorities should be the enforcement authorities for the purposes of the proposed legislation?

Question 2

Should the relevant surveillance legislation be amended so that Welsh local authorities can use appropriately authorised test-purchasing methods for this offence? 

Question 3

What age-verification or age-assurance approaches do businesses currently use for online sales, and what guidance or support would assist businesses in complying with the proposed restriction?

Question 4

Are there any particular challenges associated with applying the proposed restriction to online sales? If so, how could they be addressed?

Question 5

Do you agree that fixed monetary penalties should be available as an alternative to prosecution in appropriate cases?

Question 6

Do you agree with the proposed penalty amounts of £1,500 for individuals, micro and small businesses and £2,500 for medium and large businesses? 

Question 7 

If you disagree with either proposed amount, what alternative amount would be proportionate and why? 

Question 8

Do you agree that a recipient should have 28 days after a notice of intent to discharge liability at 50% of the penalty or to make representations and objections? 

Question 9

Do you agree that a recipient should have 28 days to pay or appeal a final notice, and that an unpaid and unappealed penalty should then increase by 50%? 

Question 10

Do you agree that prosecution should remain available for serious, deliberate or repeated breaches? 

Question 11

Are there circumstances in which a local authority should not be required to publish details of a case in which liability has been discharged or a fixed monetary penalty has been imposed? Please explain what those circumstances are and why publication would be inappropriate.

Question 12

Do you agree that a defence should be available where all reasonable precautions and due diligence have been demonstrated? 

Question 13

Is a six-month implementation period appropriate?

Question 14

What one-off or recurring costs and operational impacts would the proposals create for businesses, including small, rural and online businesses? 

Question 15

What costs, resource needs or operational impacts would the proposals create for enforcement authorities? 

Question 16

What effects could the proposals have on people with protected characteristics, children’s rights, health inequalities or people experiencing socio-economic disadvantage? How could positive effects be strengthened and negative effects mitigated? 

Question 17

What effects could the proposals have on opportunities to use the Welsh language and on treating the Welsh language no less favourably than English? How could positive effects be increased and adverse effects reduced? 

Question 18

Do you have any other evidence or comments on the proposed enforcement and implementation arrangements? 

Question 19

Do you consider additional guidance or support materials would be required to support implementation of the restriction? If so, what should they cover?

Question 20

Do you agree that responsibility for compliance in relation to vending machine sales should rest with the person or business operating or controlling the machine or premises? 

Question 21

What indicators should the Welsh Government monitor after implementation to assess the effectiveness of the restriction and identify any unintended consequences?

Please respond by 17th December 2026 using one of the following methods: 

• Complete the online response form:
• Download and complete the response form, then email it to WiderDeterminantsOfHealthBranch@gov.wales.  
• Post the response form to:

Wider Determinants of Health Branch
Public Health Directorate
Welsh Government
Cathays Park
Cardiff CF10 3NQ.

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