Legal definition and classification of soft drinks
Soft drinks are beverages that are primarily intended for enjoyment and refreshment and are non-alcoholic. Legally, they are regulated separately under food law, especially under German and European regulations. Their precise classification, labeling, and composition are subject to strict legal requirements, clearly distinguishing the term from other beverage types such as alcoholic drinks, medicinal waters, or beverages with special purposes.
Term and legal basis
Legal definition
There is no explicit legal definition for soft drinks under German law. The relevant regulations arise from various legal provisions, including:
- Regulation (EU) No. 1169/2011 on the provision of food information to consumers (FIC)
- Regulation (EU) No. 178/2002 laying down the general principles and requirements of food law
- German Food, Consumer Goods and Feed Code (LFGB)
- Guidelines of the German Food Code (especially Section 2.11)
According to the Guidelines for Soft Drinks, these are defined as non-alcoholic beverages that do not fall under the regulations for mineral water, medicinal water, table water, flavored waters, or dietary beverages and are produced using drinking water, sometimes also spring or mineral water, by adding ingredients such as types of sugar, fruit juices, fruit juice concentrates, flavors, and additives.
Distinction from other beverages
Soft drinks are distinguished from the following product groups:
- Mineral water and table water: These are subject to special requirements and are not soft drinks.
- Fruit juices and fruit juice drinks: These have their own quality requirements and minimum fruit content.
- Dietary beverages: These are subject to specific dietary regulations and labeling requirements.
- Alcoholic beverages: By definition (LFGB, FIC), soft drinks do not contain alcohol.
Legal requirements for soft drinks
Composition and ingredients
The composition of soft drinks is regulated by law. Typical ingredients are sugar, fruit juice, fruit pulp, flavors, carbon dioxide, and various additives such as colorants, preservatives, or sweeteners. The use of these ingredients is subject to specific regulations, for example:
- Food Additives Ordinance (LMZDV)
- Flavoring Ordinance
- General approval requirements under Regulation (EC) No. 1333/2008 (EU Additives Regulation)
All additives used must be approved, and the corresponding maximum amounts must not be exceeded. Colorants and sweeteners require additional labeling obligations.
Labeling and information requirements
According to Regulation (EU) No. 1169/2011, soft drinks must be labeled in detail:
- List of ingredients in descending order
- Notice of special ingredients (such as caffeine, aspartame, quinine content)
- Net quantity
- Best before date
- Manufacturer or distributor information
- Allergens
- Nutritional declaration (mandatory from December 13, 2016 according to the FIC)
- For caffeinated soft drinks, additional notice: “High caffeine content. Not recommended for children and pregnant or breastfeeding women”
Advertising and distributive law
Advertising for soft drinks is subject to the requirements of food law and the Act Against Unfair Competition (UWG). Misleading statements about ingredients, effects or origin are not permitted. Advertising with health or nutritional claims (Health Claims) is subject to special restrictions, regulated by Regulation (EC) No. 1924/2006. Promotion as “invigorating”, “healthier” or “low-calorie” is only permitted if the relevant legal requirements are strictly observed.
Product-specific regulations and special cases
Fruit juice drinks
Fruit juice drinks are a subcategory of soft drinks for which specific minimum fruit contents are prescribed (e.g., 6% for citrus fruit drinks, 30% for pome fruit drinks). These standards can be found in the Guidelines for Soft Drinks and in the German Fruit Juice and Soft Drinks Ordinance.
Energy drinks
Energy drinks are among the caffeinated soft drinks and, according to the FIC, must clearly indicate their high caffeine content. In addition, their composition (e.g., content of caffeine, taurine, glucuronolactone) and the way they are marketed are strictly regulated.
Light and sugar-free beverages
If a soft drink contains sweeteners instead of sugar, this must be indicated in the list of ingredients and, where applicable, in the product designation. The use of the terms “light” and “sugar-free” is subject to legal requirements in accordance with the Health Claims Regulation.
Food hygiene and product safety
Production and hygiene regulations
The production and marketing of soft drinks are subject to the hygiene regulations of Regulation (EC) No. 852/2004 on food hygiene. Businesses are required to implement an HACCP concept (Hazard Analysis and Critical Control Points) to ensure the safety of their products.
Traceability and product liability
Soft drinks must be traceable according to the LFGB and the General Food Law Regulation (EC) No. 178/2002. In the event of a defect or a health-damaging product, the food business operator has extensive recall and information obligations.
National particularities and international classification
Germany follows EU-wide harmonized standards in the regulation of soft drinks, supplemented by national regulations. In some non-EU countries, different standards apply regarding ingredients, labeling, and marketing. For manufacturers and traders, compliance with these regulations is essential for import and export.
Summary
Soft drinks are subject to clear and detailed legal requirements in Germany and the European Union regarding composition, labeling, promotion, and distribution. The relevant rules serve to protect consumers and ensure product safety. Disregard of these provisions may result in regulatory offences or criminal consequences. Comprehensive compliance with food law regulations is mandatory for the marketing of soft drinks.
Frequently Asked Questions
Do soft drinks in Germany have to be labeled with a list of ingredients?
Yes, according to the Food Information Regulation (FIC, Regulation (EU) No. 1169/2011), all packaged soft drinks must be provided with a complete list of ingredients. This list must include all ingredients used, in descending order of their weight at the time of use. Furthermore, certain additives, such as colorants or preservatives, must be indicated with their specific functional class and their exact name or the corresponding E number. In addition, there are special labeling requirements for caffeine and sweeteners: Soft drinks containing more than 150 mg/l of caffeine must be clearly labeled with the statement “High caffeine content. Not recommended for children and pregnant or breastfeeding women”. For sweeteners, the statement “with sweetener(s)” is mandatory.
What is the statutory minimum fruit content for fruit juice drinks and lemonades?
In Germany, the Fruit Juice and Soft Drinks Ordinance (FrSaftErfrischGetrV) stipulates that so-called fruit juice drinks must have a minimum fruit content, which varies depending on the type of fruit used and the type of drink. For example, orange nectar must contain at least 50% fruit, while other fruit juice drinks for certain types of fruit, such as blackcurrant, must have at least 25%. For lemonades—that is, soft drinks with the addition of lemon juice or other fruit juices—a minimum fruit content of 3% is usually required if they are marketed as “with fruit”. If less fruit is added, the product may be called lemonade, but not fruit lemonade. Special requirements apply to mixed drinks and so-called “near-water” products.
Are health claims permitted on the label of soft drinks?
Health claims for soft drinks are subject to strict legal regulations. According to the Health Claims Regulation (Regulation (EC) No. 1924/2006), only those health claims may be made that have been explicitly approved by the European Commission and included in the list of permitted health claims. In principle, misleading statements such as “supports the immune system” or “aids digestion” are prohibited without scientific evidence and official approval. Before using such claims, manufacturers must submit an application to EFSA, and such advertising claims may not be used without approval. Advertising with “light” or “low calorie” is also subject to compliance with certain criteria regarding calorie and/or sugar content.
How must allergens be labeled in soft drinks?
Allergens must be highlighted in the list of ingredients in accordance with the FIC, for example by bold print, underlining, or using a different font. The allergens subject to mandatory labeling include, among others, sulfites which can be used in some soft drinks as preservatives. For loose goods, such as soft drinks dispensed at the point of sale, allergen information must also be available, which may be provided orally as long as a corresponding written note is easily visible to customers.
What tax regulations apply to soft drinks?
Soft drinks in Germany are subject to the regular VAT rate. The standard rate is 19%. An exception applies to some fruit juices and nectars, for which the reduced VAT rate of 7% may apply under certain circumstances, provided they consist exclusively of fruit and contain no additional ingredients (such as sugar). In addition, soft drinks may be subject to the deposit system for single-use or reusable packaging according to the Packaging Ordinance (VerpackG), which is especially relevant for plastic bottles and cans. This regulation stipulates a deposit of 25 cents for single-use packaging, requiring manufacturers and distributors to properly label the products and charge the deposit.
What regulations apply to the addition of vitamins and minerals in soft drinks?
The enrichment of soft drinks with vitamins and minerals is regulated in the EU by Regulation (EC) No. 1925/2006. This regulation states that only certain vitamins and minerals listed on a positive list may be added to foods. Minimum and maximum quantities must also be observed to avoid overdosing or ineffective dosing. The addition must be correctly listed in the ingredients list and included in the nutritional declaration in accordance with the FIC. Marketing the product using these added micronutrients is again subject to the requirements of the Health Claims Regulation.
Are there special regulations for advertising and marketing soft drinks to children?
There are specific regulations under German and European law governing the advertising of food products, including soft drinks, directed at children. The Health Claims Regulation prohibits unfounded health-related advertising, particularly to target groups such as children. In addition, there are industry-specific voluntary commitments, e.g., by the German Advertising Council, which restrict advertising to children for sugar-rich or caffeinated drinks. Under food law, no health-promoting effect may be attributed to soft drinks, nor may the impression be given that they are particularly suitable for the development of children, unless this has been scientifically proven and approved. Advertising messages such as “particularly suitable for schoolchildren” are therefore generally inadmissible and may be subject to competition law warnings.
