The European Commission is threatening Spain with legal action at the European Court of Justice over a ban on certain energy drinks and dietary supplements containing guarana and a high percentage of caffeine imposed in the Valencia region.


Spain has defended the ban, claiming guarana is a medicine and should only be sold following authorisation by the Spanish agency for medicinal products. Brussels has questioned the stance, claiming that not only has Spain “not provided scientific evidence to support its position,” energy drinks and ice creams containing guarana are freely sold elsewhere in the country.


The Commission claims the ban is a “disproportionate” health measure, breaking EU freedom of trade rules.