About the Canadian Beverage Association
The Canadian Beverage Association is the trusted and leading voice for Canada’s sustainable, responsible, and competitive non-alcoholic beverage sector. Collectively, the association represents more than 60 brands of non-alcoholic beverages, including carbonated soft drinks, juices, bottled water, sports drinks, functional beverages, and ready-to-drink coffees and teas. Most beverages sold by members across the country are made and shipped within Canada. In Quebec, the non-alcoholic beverage sector generates more than 3,000 direct jobs across 73 establishments and provides the government with $449M in fiscal revenues yearly. The sector is committed to maintaining and growing its contribution in Quebec and Canada.
Summary of Recommendations
With very limited time, the CBA has reviewed the Quebec government’s legislative proposal, Bill 9, An Act to prevent the harmful effects of energy drinks on the health of young people, which aims to restrict the sale of energy drinks to those under 16 years of age. We respectfully object to the short and abbreviated nature of this consultation and request the Quebec Government consider a more fulsome and inclusive consultation be conducted so that all contributions may be made. Public health measures regarding energy drinks are best based on scientific evidence, strong data and education for consumers. Understanding how elements and ingredients of foods and beverages like energy drinks may interact with other factors, including certain medications, is important in decision making. A more constructive path would be a conversation and awareness campaign about energy drinks, caffeine, and how to read and use Supplemented Food labels rather than creating a separate provincial sales restriction that departs from Health Canada’s science-based framework. A youth-focused education initiative could help parents, educators, retailers, and young people understand what energy drinks are, how they are labelled, what Health Canada’s cautionary statements mean, and empower them to make informed choices.
Recommendation 1: Repeal bill 9 and initiate a collective conversation on energy drinks and commit to an education campaign to support safe consumption and smart choices; and incorporates Recommendations 2 and 3.
Recommendation 2: Consult with Health Canada to understand how energy drink regulation in Canada was developed as a Supplemented Food, how the regulations protect individuals, what is required from a definition and caffeine limit standpoint.
Under its current form, there are several discrepancies between Bill 9 and the scientifically informed regulations on Supplemented Foods mandated by Health Canada. The proposed definition of energy drinks differs from Health Canada’s Supplemented Food framework found in Part B, Division 29 of the Food and Drug Regulations in important areas. This includes defining Supplemented Foods as prepackaged foods with supplemental ingredients. Care must be taken to align any additional regulation to the rules outlined in the List of Permitted Supplemental Ingredients where Part IV C.1 outlines the use of caffeine. Misalignment of the Quebec government with Health Canada’s scientifically robust regulatory framework, including caffeine labelling, would create confusion for consumers and operational challenges for retailers. In this situation, the federal regulation on Supplemented Foods provides consistent labelling elements consumers and retailers can easily identify. Any deviation or creation of a new definition could lead someone to unknowingly try to purchase or sell a product that Quebec considers an energy drink, but Health Canada does not.
Recommendation 3: Conduct a fulsome consultation with all stakeholders, including consumers, scientific experts, pharmacists, physicians, educators, retailers, restaurants, manufacturers, ecommerce to get the whole-of-society perspective of this issue. The proposed Bill may have significant unintended consequences for the retail of products to adults through ecommerce, and questions remain about additional enforcement activity and retailer compliance burden.
A Note on Consultation: The consultation period afforded to Bill 9 does not allow for a robust discussion, the presentation of detailed science and scientific opinion, the solicitation of expert opinion, the collection of new and necessary data and the querying of important questions to all parties involved. We have identified some areas of the Bill that lack precision. This lack of precision creates a risk of inconsistent interpretation and arbitrary enforcement across retailers, regions, channels, and inspectors. It illustrates the practical consequences of hastily drafted legislation which can result in unclear obligations, uneven enforcement, and avoidable compliance burdens for businesses and frontline workers.
Introduction
The Canadian Beverage Association (CBA) welcomes the opportunity to provide input on Bill 9, An Act to prevent the harmful effects of energy drinks on the health of young people. The CBA shares the goal of keeping young people safe and informed. Considerable safeguards already apply to all prepackaged products sold in Canada, including energy drinks. Our members are committed to clear product labelling and responsible communication and prohibit advertising targeting children and sales in primary and secondary schools as set out in the CBA Energy Drink Marketing Code (CBA, 2026) for over a decade.
Sound public policy to impose sale restrictions should solely be informed by science and robust evidence. In the important matter at hand, leading health authorities around the world, such as Health Canada, have assessed the safety of energy drinks, including for those under the age of 16 years old, through rigorous scientific review.
A Robust Existing Regulatory Framework
In 2022, following a thorough scientific review, Health Canada amended the Food and Drug Regulations to strengthen the regulatory environment for products called Supplemented Foods. Supplemented Foods are prepackaged foods with added supplemental ingredients for purposes other than what is considered for normal essential nutrition. They include bars and drinks with added vitamins and minerals and some products with added caffeine, such as caffeinated energy drinks.
This regulatory framework provides that caffeinated energy drinks can have a maximum concentration of 400 mg/L of caffeine with a per serving limit of 180 mg, which is less than the caffeine amount found in a small roasted drip coffee. Despite this limit, most energy drinks contain around 80 mg/250 ml.
Furthermore, consistent with Health Canada’s regulations on Supplemented Foods, energy drinks comply with robust labelling, formulation, and marketing requirements. Health Canada mandates that all energy drinks must be labelled with the following:
- “High Caffeine Content” statement
- A Supplemented Food Facts table providing the quantity of caffeine per serving
- A Supplemented Food Caution Identifier on the front label
- Caution statements including: “Not recommended for those under 14, pregnant or breastfeeding women or individuals sensitive to caffeine”
- The maximum number of servings of the product that can be consumed in a day without exceeding the 400 ppm recommended maximum daily caffeine intake level set by Health Canada.
Figure 1. Image from Health Canada detailing the labelling requirements mandated by the federal regulations on Supplemented Foods.
There are also restrictions on the nutrition and health claims these products can make and the content of ‘healthier’ ingredients such as fruit and fruit juice. This ensures consumers have a clear understanding of what is in the product, allowing them to decide whether the product is appropriate for them.
In addition to these legal requirements, energy drink companies also comply with the CBA’s Energy Drink Marketing Code, under which they commit to not provide energy drinks samples to children, to not sell energy drinks in primary, middle or high schools, to not sponsor any events on behalf of energy drinks where children are the primary audience, and to not advertise energy drinks in programming (TV, radio, print or digital) whose primary target audience is children (CBA, 2026). The Code also includes commitments to take proactive efforts to provide consumers with information regarding the ingredients in energy drinks, the amount of caffeine in energy drinks relative to other caffeinated beverages, and other characteristics of energy drinks, consistent with Health Canada guidance on caffeine in foods.
The Science is Clear
Energy Drinks are Safe
Energy drinks have been available in Canada for over 20 years. These products are consumed and enjoyed safely by consumers every day. The safety of energy drinks and their ingredients has been assessed and confirmed by several health authorities, including Health Canada, Food Standards Australia New Zealand (FSANZ), and the European Food Safety Authority (EFSA). These assessments have consistently found that energy drinks are safe and that no age restrictions or limitations on the sale of energy drinks are merited (FSANZ, 2026, Health Canada 2013, La Vielle et al., 2021, EFSA, 2015).
Health Canada’s most recent assessment in 2021 on caffeine confirms the current risk management approach for energy drinks is appropriate for Canadian consumers, given the effects of caffeine across different age groups, including the potential for cardiovascular effects.
This assessment found that consumption of up to 500 mL per day of a typical energy drink authorized for sale in Canada is safe for the general population of healthy adults and adolescents and not associated with an increased risk of cardiovascular effects (La Vieille et al., 2021). The Quebec Advisory Committee on Energy Drinks (Santé Services Sociaux, 2026), confirmed that “existing data on the link between energy drink consumption and health effects are fragmentary” and that “experts cannot establish a direct cause-and-effect relationship” between energy drinks and health effects.
Additional Ingredients
Common ingredients in mainstream energy drinks include caffeine, amino acids like taurine, vitamins, carbohydrates, glucuronolactone, guarana, coffee or tea extracts, and ginseng; low- or no-calorie sweeteners can be used for low- or no-calorie versions. These ingredients are common in many foods and other beverages and have been consumed in a wide variety of food forms. For instance, taurine is a naturally occurring amino acid found in the human body and is also found in seafood, poultry, and infant formula. It is not a stimulant and does not enhance or interact with the effects of caffeine, as confirmed by EFSA and other health authorities.
Energy drinks and their ingredients have been studied and repeatedly affirmed as safe for consumption (individually and in combination) under their approved conditions of use by regulators worldwide, including the European Food Safety Authority (EFSA), Health Canada, the U.S. Food and Drug Administration (FDA), and the Food Standards Australia New Zealand (FSANZ), among others.
Caffeine absorption from Energy Drinks is Similar to Other Dietary Sources
Caffeine clearance in adolescents is likely to be at least that of adults (Turnbull et al., 2016) and Health Canada has been conservative in their maximum intake recommendations by using the same intake levels as for children (Government of Canada, 2025, La Vielle et al 2021., Rotstein et al., 2013). Additionally, the Health Risk Assessment by Health Canada concluded there was ‘no compelling safety reason to suggest that older and heavier adolescents can consume no more than 2.5mg/kg bw/day of caffeine whereas adults can consume 6 mg/kg bw/day (equivalent to 400 mg/day)’ (La Vielle et al., 2021). FSANZ also recently confirmed that 3 mg/kg was a safe level of consumption for individuals under 18 (FSANZ, 2026), which is less conservative than Health Canada’s recommendation. Further, whether consumed hot (coffee) or cold (energy drinks), quickly (2 min) or slowly (20 min), circulating caffeine levels are the same for the same amount of caffeine consumed (White et al., 2016). Given that caffeine absorption is not different with energy drinks (when compared to coffee), regulating a single source of caffeine would have limited impact and would not be based on scientific evidence.
Low Youth Consumption of Energy Drinks
Research conducted in Quebec and elsewhere has confirmed that energy drinks are not the leading source of caffeine intake by adolescents and overall levels of energy drink consumption among adolescents remains low.
- The Quebec Advisory Committee on Energy Drinks (Santé Services Sociaux, 2026) indicates that only 8% of teens between 15 and 17 years old consumed one energy drink per week and “[t]hree-quarters of them never [drink] energy drinks.”
- Furthermore, the Quebec Survey on the Health of High School Students indicates that only 1% of Quebec high school students consume energy drinks on a daily basis versus 3.2% for flavoured coffees and iced teas, which often contain more caffeine (Institut de la statistique du Québec, 2024).
- This is aligned with a poll by Ipsos in Québec, which found that only 27% of teenagers aged 13 to 18 years old indicated that they had consumed an energy drink in the past three months, while about half reported having had a coffee drink (Ipsos, 2020).
- Similarly, on a given day, 63% of U.S. teens aged 13-17 reported drinking coffee in the past day in contrast to 9.4% for energy drinks (Mitchell et al., 2025). Importantly, teens ages 13-17 consumed an average of 159.5 mg caffeine per day – 91 mg from coffee, 36 mg from soft drinks, 13 mg from tea, 18 mg from energy drinks – which means 140 mg of the 159.5 mg of caffeine teens get per day – or 89% – comes from coffee, tea and soda.
A provincial sales restriction focused only on energy drinks would not improve consumer understanding of the existing supplemented-food framework. Nor would it address broader consumption behaviours among youth. A more effective approach would be to help young people, parents, educators, retailers, and health professionals understand what energy drinks are, how they are regulated, what the required labels mean, and how Health Canada’s cautionary statements should be used in everyday decision-making.
Protecting Consumers
Various prescription drugs can interact with certain foods and beverages, including some products that contain caffeine or other ingredients. When it is the case, it is the legal responsibility of drug manufacturers and healthcare professionals to inform patients of the risks associated with their prescription drugs. In that respect, the CBA welcomes the initiative of the Ordre des pharmaciens du Québec to develop an additional information document to inform patients taking ADHD prescription drugs of the risks associated with their medication.
As previously mentioned, existing Health Canada regulation already provides that caffeinated energy drink packaging must include advisory statements that make clear that energy drinks are “not intended for consumption by […] those sensitive to caffeine” and that they contain “high caffeine content.” Consumers have, therefore, the information they need to make informed decisions based on their own health conditions.
Conclusion
The science is clear: there is no scientific basis to support Bill 9 and the prohibition of the sale of energy drinks to those under 16 years old. The CBA invites the government of Quebec to engage with experts that have been reviewing the safety of energy drinks for decades and existing leading science-based regulators such as Health Canada to further inform its work on this important matter. The CBA remains committed to keeping young people safe and informed and remains available to collaborate with the government. We thank all members of the Quebec National Assembly for the opportunity to provide comments, and we trust that the evidence we shared will help inform a rigorous assessment of energy drinks by the government.
Sincerely,
Mark Dekker PhD
Vice President, Sustainability, Scientific and Regulatory Affairs
Canadian Beverage Association
References
Canadian Beverage Association (CBA). 2026. Energy Drink Marketing Code. Available at: https://canadianbeverage.ca/wp-content/uploads/2025/10/CBA-Energy-drinks-Code-2024.pdf. Accessed on: June 8, 2026.
European Food Safety Authority (EFSA). 2015. Scientific Opinion on the safety of caffeine. EFSA Journal; 13(5): 4102. DOI:https://doi.org/10.2903/j.efsa.2015.410
Food Standards Australia New Zealand (FSANZ). 2026. Supporting document 1 – Safe assessment of caffeine. Available at: https://www.foodstandards.gov.au/sites/default/files/2026-03/P1056_SD1%20Safety%20Assessment%20at%20Approval.pdf. Access on: June 2, 2026.
Government of Canada. 2025. Caffeine in Foods. Available at: https://www.canada.ca/en/health-canada/services/food-nutrition/food-safety/food-additives/caffeine-foods.html. Accessed on: June 2, 2026.
Institut National de Santé Publique du Québec (INSPQ). 2020. La consommation des autres aliments et des boissons chez les Québécois. Available at: https://www.inspq.qc.ca/en/node/20757. Accessed on: June 2, 2026.
La Vielle, S., Gillespie, Z., Bonvalot, Y., Benkhedda, K., Grinberg, N., Rotstein, J., Barber, J., Krahn, A.D. 2021. Caffeinated energy drinks in the Canadian context: health risk assessment with a focus on cardiovascular effects. Applied Physiology, Nutrition, and Metabolism; 46(9). doi: https://doi.org/10.1139/apnm-2021-0245
Mitchell, D.C., Trout, M., Smith, R., Teplansky, R., Lieberman, H.R. 2025. An update on beverage consumption patterns and caffeine intakes in a representative sample of the US population. Food and Chemical Toxicology; 196: 115237. DOI: 10.1016/j.fct.2025.115237
Turnbull D, Rodricks JV and Mariano GF (2016) Neurobehavioral hazard identification and characterization for caffeine. Regulatory Toxicology and Pharmacology 74: 81-92
Rotstein, J., Barber, J., Strowbridge, C., Hayward, S., Huang, R., Godefroy, S. 2013. Energy drinks: an assessment of the potential health risks in the Canadian context. International Food Risk Analysis Journal; 3:1. Available at: https://www.researchgate.net/publication/273689055_Energy_Drinks_An_Assessment_of_the_Potential_Health_Risks_in_the_Canadian_Context. Accessed on: June 2, 2026.
Santé Services Sociaux. 2026. Synthèse du rapport du Comité consultatif sur les boissons énergisantes. Available at: https://publications.msss.gouv.qc.ca/msss/fichiers/2026/26-289-01W.pdf. Accessed on: June 8, 2026.
Institut de la statistique du Québec. 2024. La santé des jeunes du secondaire en 2022-2023. Available at: https://statistique.quebec.ca/fr/document/sante-jeunes-secondaire-2022-2023.Accessed on: June 8, 2026.
Ipsos. 2020. CED Consumption Among Quebec Youth. (Poll conducted by Ipsos for the CBA among 1,335 Quebecers aged between 13-18 years old. Available upon request)
White Jr., J.R., Padowski, J.M., Zhong, Y., Chen, G., Luo, S., Lazarus, P., Layton, M.E., McPherson, S. 2016. Pharmacokinetic analysis and comparison of caffeine administered rapidly or slowly in coffee chilled or hot versus chilled energy drink in healthy young adults. Cliincal Toxicology; 54(4): 308-312. doi: 10.3109/15563650.2016.1146740