Term and definition of energy drinks
Energy drinks are beverages that typically contain one or more psychoactive and stimulating substances. Key ingredients include caffeine, taurine, sugar, and various vitamins. Energy drinks are primarily consumed for the purpose of a short-term boost in physical and mental performance and are subject to special legal regulations within the European Union and in Germany as food products.
Legal framework for energy drinks in Germany and the EU
Food law classification
Legally, energy drinks are classified as foodstuffs according to Art. 2 para. 1 of Regulation (EC) No. 178/2002 (General Food Law Regulation). They therefore fall under the scope of general food law and are subject to the provisions of the Food and Feed Code (LFGB), as well as relevant European and national regulations.
Special regulations for caffeinated soft drinks
Specific requirements apply to energy drinks with high caffeine content:
Labeling and information obligations
According to Art. 9 in conjunction with Annex III No. 4 of Regulation (EU) No. 1169/2011 (Food Information Regulation – LMIV), there is a special labeling requirement for beverages with more than 150 mg of caffeine per liter. The packaging must clearly indicate the warning “High caffeine content. Not recommended for children and pregnant or breastfeeding women,” followed by the caffeine content in mg per 100 ml.
National implementation
In Germany, regulations on labeling are found, for example, in § 7 (2) LMKV in conjunction with § 6 (1) No. 8 LMKV. There are currently no EU-wide regulations on maximum amounts for ingredients such as taurine or glucuronolactone, but there is a so-called “maximum quantity recommendation” according to the recommendation of the European Food Safety Authority (EFSA).
Ingredients and approval
Admissibility of certain additives
Energy drinks may only contain those ingredients that are approved under the Additives Approval Regulation (ZulAssV) and Regulation (EC) No. 1333/2008 on food additives. Novel ingredients, such as certain plant extracts, are subject to Regulation (EU) 2015/2283 (Novel Food Regulation) and require their own approval procedure.
Limits for ingredients
Although there are no binding maximum limits for caffeine, EFSA recommends that for foods intended for adults, 200 mg of caffeine per single dose and 400 mg as the maximum daily dose should not be exceeded. For other typical ingredients such as taurine and glucuronolactone, regular risk assessments are conducted on a scientific basis, but without binding limits in Germany.
Advertising and sales restrictions
Sale and distribution to minors
Unlike alcoholic beverages, energy drinks in Germany are not currently explicitly subject to the Youth Protection Act (JuSchG) or the Child and Youth Protection Act. The unrestricted sale to children and adolescents is therefore permitted, but is voluntarily restricted in some federal states or by retailers for preventive health protection reasons.
Advertising and protection against misleading claims
Any misleading health advertising is legally prohibited (§ 11 LFGB, Art. 7 LMIV). This particularly concerns statements about performance enhancement, unless these are scientifically substantiated and approved by the European Commission (Health Claims Regulation (EC) No. 1924/2006).
Product liability and consumer protection
Product liability
According to the Product Liability Act (ProdHaftG), manufacturers and distributors of energy drinks are liable for damages resulting from defective products. This includes, in particular, damages caused by incorrectly declared ingredients or excessive concentrations.
Recall and market surveillance
The responsible supervisory authorities (usually the food surveillance offices of the federal states) regularly inspect energy drinks for their composition, labeling, and marketability. If health risks are proven or there are labeling deficiencies, a recall may be ordered or the sale prohibited.
International regulations
Outside the EU, energy drinks are subject to different legal requirements. For example, some countries such as Lithuania and Latvia have bans on sales to minors, while in the United States, distribution is regulated by the Food and Drug Administration (FDA).
Summary
Energy drinks as caffeinated soft drinks are comprehensively regulated by law. The regulations concern both the approval and labeling of essential ingredients, as well as issues of advertising, distribution, and product safety. Regular alignment with European provisions and national legal changes is essential for the marketable commercialization. Consumer and youth protection aspects are becoming increasingly central to the legal assessment.
Frequently asked questions
What legal age restrictions apply to the sale of energy drinks in Germany?
The sale of energy drinks in Germany is not currently subject to any nationwide statutory age restriction, as is the case for alcoholic beverages or tobacco products. This means that, according to the German Youth Protection Act (JuSchG), there is currently no prohibition on selling energy drinks to children or adolescents. However, many retail chains and food service businesses voluntarily enforce an age restriction of 16 or 18 years to counter potential health risks and social pressure. In addition, there are some federal states or municipalities with local regulations or recommendations for the sale of caffeinated beverages to minors, but these are not comprehensive or binding. Statutory provisions on quantity limits or sales restrictions could be enacted in the future; the issue is regularly discussed at the political level.
What labeling requirements apply to manufacturers and distributors of energy drinks?
Manufacturers and distributors of energy drinks in Germany and the EU are subject to extensive labeling requirements, governed among others by the EU Food Information Regulation (LMIV) and the Fruit Juice and Soft Drinks Regulation. For beverages with increased caffeine content (more than 150 milligrams per liter), the warning notice “High caffeine content. Not recommended for children and pregnant or breastfeeding women” must be affixed in a clearly visible place on the label, followed by information on caffeine content in milligrams per 100 milliliters. Furthermore, ingredients such as taurine, glucuronolactone, and other additives must be clearly declared. Nutritional tables, list of ingredients, manufacturer’s name and address, as well as a best-before date are also mandatory.
Are there maximum levels for ingredients in energy drinks in the EU?
Within food law, there are maximum levels for some ingredients in energy drinks that must not be exceeded. Caffeine is the most relevant substance—there is no explicit upper limit specifically for energy drinks, but the European Food Safety Authority (EFSA) recommends limiting caffeine in non-alcoholic beverages to a maximum of 320 milligrams per liter, a guideline that manufacturers generally observe. There are also recommended upper limits for taurine and glucuronolactone (taurine approx. 4000 mg/l, glucuronolactone approx. 2400 mg/l), although national regulations can sometimes specify slightly different values. Exceeding these limits results in objections by food monitoring authorities and may lead to fines or sales bans.
What legal liability risks exist for retailers and manufacturers in the distribution of energy drinks?
Manufacturers and retailers are generally liable for the marketability and safety of the food products they place on the market, which includes energy drinks. If labeling requirements are not met or harmful substances above permissible limits are placed on the market, warnings, administrative offense proceedings, and civil liability for damages may result. There is also the risk of product liability under the Product Liability Act (ProdHaftG), particularly if a proven injury to life or limb occurs due to consumption of the product and the manufacturer or distributor is responsible for the defect. Product recalls and reputational damage may also have legal and economic consequences.
Are there special legal requirements for advertising energy drinks?
Advertising for energy drinks, like all advertising for food products, is subject to competition law, including the Act Against Unfair Competition (UWG) and specific provisions of the Health Claims Regulation (Regulation (EC) No. 1924/2006). Misleading advertising claims, health statements that are not scientifically substantiated and/or are explicitly prohibited, as well as any direct addressing of children to promote these products, are not permitted. In particular, promises of health benefits (e.g., “enhances concentration” or “improves alertness”) may only be used if the underlying claims have been approved by the European Food Safety Authority (EFSA). Advertising must also indicate the high caffeine content if the campaign clearly targets a sensitive audience—especially minors.
How are energy drinks inspected and monitored under food law?
Energy drinks in Germany and the EU are subject to official food monitoring. This is carried out mainly by the authorities of the federal states and includes regular inspections of production, import, and trade. Random samples are examined for composition, hygiene, labeling, and compliance with limit values. In the event of complaints, such as exceeding permissible maximum levels of ingredients, incorrect labeling, or proven health risks, recalls, sales bans, or fines may be imposed. The authorities also cooperate with international rapid alert systems, such as the European Rapid Alert System for Food and Feed (RASFF), to quickly address health risks across Europe.
Do energy drinks require special approval before they can be marketed?
Unlike medicinal products, energy drinks as food are generally not subject to individual approval before they may be sold in Germany or the EU. However, they must comply with general food law requirements, particularly with regard to ingredients, labeling, and product safety. If, however, an energy drink contains an additive or novel food supplement considered a “novel food” under EU Regulation (Regulation (EU) 2015/2283), then special approval by the European Commission is required. Manufacturers are therefore obligated to check whether their formulations fall within this scope. Otherwise they are liable for products that are not marketable and are in violation of the law.
