The UK government is set to ban the sale in England of high-caffeine energy drinks to under-16s from April.

In a statement, the Government, which manages health policy in England, confirmed it will bring forward legislation after a consultation found broad backing for the move. 

The Department of Health and Social Care (DHSC) said it plans to introduce secondary legislation under the Food Safety Act 1990, with the restriction expected to take effect in April next year, subject to parliamentary approval. 

Industry body the British Soft Drinks Association criticised the latest decision. 

A BSDA spokesperson said: “The UK government’s decision to introduce legislation restricting the sale of energy drinks to under-16s in England is unnecessary – and not supported by robust evidence of overconsumption or harm, as the consultation response itself acknowledges.”

Under the policy, drinks containing more than 150mg of caffeine per litre will not be allowed to be sold to children under 16 in England. Tea and coffee are excluded.  

The rules will apply to in-store and online sales, as well as the out-of-home channel. Sales through vending machines will be banned entirely. 

The DHSC said 90% of the 1,095 respondents to its consultation supported restricting sales by age.  

It added the ban would build on existing voluntary action by many retailers but argued legislation was needed because children can still access the products. 

“After careful consideration of the consultation responses and available evidence, the government has decided to introduce legislation to ban the sale of high-caffeine energy drinks to children under the age of 16 years in England,” the DHSC said.

The Government has opted for a minimum age of 16 rather than 18, saying the threshold strikes a “proportionate balance” between protecting children’s health and limiting disruption for businesses.

Retailers selling directly to consumers will be in scope, while business-to-business sales such as wholesalers will be excluded. 

Local authorities will enforce the ban. Fixed monetary penalties will be set at £1,500 ($2020.5) for individuals and micro and small businesses and £2,500 for medium and large businesses. 

The decision follows pressure from campaigners who last month urged Prime Minister Sir Keir Starmer to move ahead with a promise first made by Labour in June 2024, before the party entered government. 

At the time, Labour pledged to stop the sale of “dangerously high” caffeinated energy drinks to under-16s if elected, arguing existing labelling rules were failing to prevent purchases by children. 

The BSDA spokesperson added: “We continue to believe that regulation should be proportionate and based on firm evidence, and will continue to make that case as government develops the detail of implementation.” 

The association also pointed to its voluntary code, under which members have since 2010 pledged not to market or promote energy drinks to under-16s, while high-caffeine products carry labels stating they are not recommended for children.