Energy drinks to bear government warnings
31/05/2011

The Minister of Health has proposed an amendment to the Regulations published in terms of the Foodstuffs, Cosmetics & Disinfectants Act of 1972 which will make it a requirement that certain soft drinks containing more than 150mg per litre of caffeine bear labelling warning the public of the high caffeine content and stating that the products are not recommended for children under twelve years of age, pregnant women and persons sensitive to caffeine. The warning will also be required to state that the products are not to be consumed as a mixture with alcoholic beverages.

The Regulations are aimed at “formulated caffeinated beverages” which are defined to mean non-alcoholic, water-based, flavoured beverages which contain caffeine and which may contain carbohydrates, amino acids, vitamins and other substances, including other ingredients, for the purpose of enhancing mental performance (i.e. so-called “energy drinks”).

The draft Regulations will also make it mandatory for the labelling of these drinks to include declarations regarding the quantity of caffeine per serving size and per 100ml.

Will the government warning not to mix energy drinks with alcohol put a stop to the ever-popular combination of Red Bull and vodka? Probably not. The draft Regulations do represent, however, another step in Government’s campaign to clamp down on misleading food and beverage labelling and to ensure that members of the South African public are fully informed and forewarned when it comes to making food and beverage choices.

The draft amendment is open for public comment until 13 August 2011.

Kelly Thompson
Partner
kelly@adamsadams.co.za