Vending machines and online shops caught in England’s new energy drink ban
Key Points
- England will ban sales of drinks containing more than 150mg of caffeine per litre to under-16s from April 2027, subject to Parliamentary approval.
- Shops, supermarkets, cafes, restaurants, newsagents, online sellers and all vending machines are covered.
- Tea, coffee, caffeine pouches and gums, and business-to-business sales are excluded.
- Breaching the ban becomes a criminal offence under the Food Safety Act 1990, with fixed penalties of £1,500 or £2,500 depending on business size.
- Scotland consulted and declined a ban; Wales has not published its conclusion.
Retailers in England will not be able to sell drinks containing more than 150mg of caffeine per litre to under-16s from April 2027, with online sellers and vending machines both covered by the ban.
The restriction follows last year’s government consultation on child protection measures for high-caffeine energy drinks, the outcome of which landed this summer.
Tea and coffee sit outside the ban regardless of their caffeine content, as do other caffeinated products such as pouches and gums. Business-to-business sales are also out of scope.
Every retailer that sells directly to consumers falls inside the rules, covering shops, supermarkets, convenience stores, newsagents, cafes and restaurants.
Online sellers must apply the same age check. Vending machines are included in full, including machines sited in places where children are not permitted or unlikely to be present.
The ban replaces the voluntary policy that many supermarkets, convenience chains and other retailers already operate.
How the ban will be enforced
Selling an energy drink to someone under 16 will become a criminal offence under the Food Safety Act 1990. Local authorities, including trading standards, are likely to gain powers to issue fixed monetary penalties alongside the ability to prosecute.
Those penalties stand at £1,500 for businesses with fewer than 50 employees and £2,500 for businesses with 50 or more, with a 50% reduction for fines paid within 28 days of a notice of intent.
Compliance checks will mirror the methods used for other age-restricted products. Legal firm Browne Jacobson said these include mystery shoppers and covert surveillance powers under the Regulation of Investigatory Powers Act 2000.
England is moving alone on the new ban. Scotland consulted on ending energy drink sales to children three years ago and decided against a ban. Wales ran a call for evidence on children’s energy drink consumption and has published the responses, but not its own conclusion.
The April 2027 start date depends on Parliamentary approval, and the final legislation has yet to be promulgated.
