AUSTRALIA | The Australian Beverages Council Ltd said that restricting the sale of energy drinks to under-16-year-olds was a quick headline that did not reflect the long-standing evidence and effective local regulatory arrangements that inform Australians.
In Australia, energy drinks have been strictly regulated under Standard 2.6.4 of the Australia New Zealand Food Standards Code. The Code has set a maximum caffeine level of 80mg per 250ml, comparable to a cup of instant coffee made with one teaspoon of coffee.
The mandatory labelling requirements include an advisory statement that the product is not recommended for children, as well as a declaration that the product contains caffeine.
Following its comprehensive Caffeine Review, published in March 2026, “FSANZ has not identified a risk that would necessitate amending the requirements for FCBs” (formulated caffeinated beverages or “energy drinks”).
Instead, the review introduced new controls for other caffeine-containing products, while leaving existing permissions for energy drinks unchanged.
The 2023/24 ABS Apparent Consumption Data showed that the average per capita daily intake of energy drinks was just 13.1mL, representing 3.4 per cent of total consumption across the non-alcoholic beverages category.
Further, ABCL Members have voluntarily adopted Energy Drink Commitments that prohibit the sale of energy drinks in schools and prevent direct marketing and advertising to children.
Implementing a ban similar to that proposed in England would not only be disproportionate to the Australian evidence base, but would also pose significant practical enforcement challenges across the diverse retail environments where these products are sold, without clear evidence that it would improve public health outcomes.
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