Health Canada recently announced new measures that would reclassify energy drinks as food instead of a natural health product (NHP), thus requiring each can to bear a nutritional facts table. According to an October 6, 2011, press release, the new rules would also direct energy drink manufacturers to (i) limit caffeine content to 180 milligrams per single serving; (ii) indicate caffeine amounts on product labels and identify groups, such as children, “for whom high levels of caffeine are not recommended”; (iii) declare ingredients, nutrition and allergens; (iv) ensure that “types and levels of vitamins and minerals are within safe levels”; and (v) warn consumers not to mix the product with alcohol.

The proposed approach would bring energy drinks under the purview of the
Canadian Food Inspection Agency, while compelling producers to report
any consumer complaints to Health Canada as well as submit information
about consumption and sales. The agency intends to work with industry to
complete the transition over the next six months, with compliance expected
within 18 to 24 months.

“I firmly believe that it’s up to individuals and parents to make their own decisions when it comes to what they eat and drink,” Canadian Minister of Health Leona Aglukkaq said of the proposal, which more closely reflects the system used in the United States. “I believe today’s changes will be especially helpful to the parents of teenagers who regularly consume energy drinks.”

About The Author


For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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