EXECUTIVE SUMMARY              

1.                            Energy Drinks Europe (EDE) is the representative association of Europe’s energy drinks producers. It promotes evidence- based policies and meaningful industry commitments. These include policies to ensure that energy drinks are not targeted to children and that they are consumed in moderation. EDE supports the response by the British Soft Drinks Association (BSDA) to this inquiry.

2.                            Energy drinks are non-alcoholic beverages, which contain about the same amount of caffeine (80 mg per 250 ml) as a cup of home-made coffee, and the same amount of sugar as a same sized orange juice (11g per 100 ml).

3.          Energy drinks have been safely consumed and enjoyed by consumers worldwide for more than 30 years. The safety of their key ingredients has been assessed and confirmed by European risk assessment institutions, including the United Kingdom Food Standards Agency (FSA)[1], and the European Food Safety Authority (EFSA), and by many other health authorities around the world. Recent risk assessment of EFSA[2] confirms again the safety of energy drinks and therefore does not provide any justification to treat energy drinks differently than coffee, tea or other caffeine containing soft drinks.

4.          EFSA has further confirmed that the main contributors to daily caffeine intake in all age groups are tea, coffee, chocolate and other non-alcoholic beverages. In the United Kingdom, about 90 percent of all caffeine consumed by adolescents (10-18 years old) comes from sources other than energy drinks[3]. Energy drinks also represent only 5 % of the total soft drinks market in the United Kingdom[4].

5.                            In their Code of Practice for the Marketing and Labelling of Energy Drinks,[5] EDE members have committed to the highest standards for responsible labelling, marketing and consumer information. These go beyond regulatory requirements. Packages with a net content of 250 ml are positioned as the main selling proposition for individual consumption (which equals 80 mg caffeine in a typical 250 ml can). This amount is sufficient to provide consumers with a functional benefit[6].

6.                            Only a range of holistic measures targeting all sources of caffeine will be effective in reducing sugar and caffeine consumption in the UK:

• Portion control: Smaller portion sizes have been identified as one of the most effective solutions to promote moderation [7].
• Sugar and caffeine awareness: Increased education about the sugar and caffeine content of products help to reduce sugar and caffeine intake from all sources.
• Product labelling: Require all caffeine containing foods and beverages to disclose their caffeine content for better consumer information.

ENERGY DRINKS SAFETY

7         Energy drinks are currently sold in more than 170 countries because health authorities around the world, including the FSA and the EFSA, have repeatedly confirmed the safety of energy drinks and their ingredients.

8         A typical 250 ml can of energy drink contains 80 mg of caffeine, which is the equivalent of a cup of home-brewed coffee. To put this in context, some coffee house coffees can contain five times more caffeine (over 400 mg) in a single serve.

9         A typical sugar sweetened version of a 250 ml energy drink contains 27 g of sugar, the same amount as in a same-sized orange juice.

10     The EFSA confirmed in its scientific opinions2,3 that caffeine from all sources, including energy drinks, is safe and that caffeine in combination with other typical constituents of energy drinks is safe. EFSA findings include the following:

• Intakes up to 400 mg per day consumed throughout the day do not raise safety concerns for healthy adults in the general population.
• Single doses of caffeine up to 200 mg – about 3 mg per kilogram of body weight (mg/kg bw) for a 70 kg adult – from all sources do not raise safety concerns for the general healthy adult population.
• The single doses of caffeine of no concern derived for adults (3 mg/kg bw per day) may also be applied to children, because the rate at which children and adolescents process caffeine is at least that of adults. Studies available on the acute effects of caffeine on anxiety and behaviour in children and adolescents support this level. A safety level of 3 mg/kg bw per day is also proposed for habitual caffeine consumption by children and adolescents. 
• Consumption of other constituents of energy drinks (i.e. other than caffeine) at concentrations commonly present in such beverages would not affect the safety of single doses of caffeine up to 200 mg.
• In the UK adolescent population (10-18 year old), about 90 percent of all caffeine comes from sources other than energy drinks (39 % from tea, 33 % from colas, 10 % from coffee and 8 % from chocolate).

EDE MEMBERS ARE THE LEADING REFERENCE IN RELATION TO MARKETING AND LABELLING OF ENERGY DRINKS

11            European Union regulations[8] require that energy drinks carry the statement “High caffeine content. Not recommended for children or pregnant or breastfeeding women”, followed by the caffeine content in mg per 100 ml. It is important to note that other caffeine containing food and beverages – which account for the large majority of total caffeine consumption (e.g. coffee, tea, cola beverages or chocolates) – do not have to disclose the same information and do not abide by additional voluntary requirements; thereby consumers have limited knowledge about their total caffeine intake per day.

12            The EDE Code of Practice for the Marketing and Labelling of Energy Drinks5 additionally requires that energy drinks include the advisory statement “Consume Moderately” or similar wording based on consumer understanding.

13            Further EDE members have a strong commitment not to market their energy drink products to children, in particular:

• EDE members will not place any marketing communication in any media with an audience of which more than 35% are children.
• EDE members will not engage in any direct commercial activity in primary or secondary schools, including placing of vending machines.
• EDE members will not conduct any sampling activities in close proximity to primary and secondary schools or other institutions taking care of this age group.

14. EDE members also commit to:

• only sell products with a maximum caffeine content of 320 mg/litre, which equals 80 mg in a typical 250 ml can. This amount is the equivalent to the caffeine content of a home-made cup of coffee.

• not market energy drinks in containers intended for mass catering but only in a pre-packaged form (for example no quick service fountains or taps).
• not market energy drinks as providing a rehydration benefit.
• position packages with a net content of 250 ml as their main selling proposition for individual consumption (which equals 80 mg caffeine in a typical 250 ml can). This amount is sufficient to provide consumers with a functional benefit6.

TOWARDS A HOLISTIC SOLUTION

15            EDE supports measures to promote the responsible and moderate consumption of caffeine and sugar. Since energy drinks only make up a small portion of total sugar and total caffeine intake in all age groups, only a holistic approach, addressing all sources of sugar and caffeine can be effective in reducing sugar and caffeine intake.

EDE therefore concludes that the most effective measures to address cases of energy drink overconsumption are as follows:

(a)              Encouraging portion control

Smaller portion sizes have been identified as one of the most effective solutions to promote moderation6. In the UK energy drinks are predominantly sold in single serve cans, going up to 500 ml in size. These large, 500 ml cans can contain up to 160 mg of caffeine (equivalent of a double espresso) and up to 78 g of sugar.

EDE recommendation: Setting the standard size for single serve cans at 250 ml for energy drinks and all other sugar- sweetened beverages would be the most meaningful step to reduce demand and supply of large cans, setting up a virtuous circle, to recalibrate portion sizes7.

(b)              Increasing sugar and caffeine awareness

There is limited awareness by consumers about the actual sugar and caffeine content of different foods and beverages. Increased education about the sugar and caffeine content of products could help to reduce sugar and caffeine intake from all sources.

EDE recommendation: The implementation of an online consumer awareness campaign on all sources of sugar and caffeine, and on appropriate daily intakes.

(c)              Labelling for better consumer information

Better on-pack information about caffeine content in all caffeine containing products should be the basis of any public awareness campaign.

EDE recommendation: All prepacked caffeine-containing foods and beverages should be required to disclose the exact caffeine content, by 100 mg or 100 ml respectively. In addition, purveyors of freshly prepared caffeinated products should provide menu board information providing approximate caffeine content per serving – similar to calorie displays for menu items in quick service restaurants.

16.              Energy Drinks Europe welcomes this initiative by the UK Select Committee on Science and Technology to lead a fact based and transparent discussion. Energy Drinks Europe is available to further assist this inquiry in any way that the Committee may request.

April 2018