The Government of Quebec has introduced new legislation that will prohibit the sale of caffeinated energy drinks (CEDs) to individuals under the age of 16. The new requirements are scheduled to come into force in approximately six months, providing manufacturers, distributors, and retailers with a transition period to prepare for compliance.
Current Caffeine Requirements for Beverages
Under existing federal requirements, cautionary statements are generally not required for non-carbonated, water-based beverages (excluding products marketed for physical performance, hydration or electrolyte replacement, or flavoured water) when caffeine levels are below 150 ppm. For reference, this is approximately 37.5 mg of caffeine in a 250 mL serving or 150 mg in a 1 L bottle.
When caffeine levels exceed 150 ppm but remain below the maximum of 400 ppm, these beverages must carry a cautionary statement indicating that the product is not recommended for children under 14 years of age, pregnant or breastfeeding women, or individuals sensitive to caffeine.
For caffeinated energy drinks specifically, the maximum permitted caffeine content remains 180 mg per container.
What Does the New Quebec Legislation Mean?
Once the legislation comes into force, the sale of caffeinated energy drinks to anyone under the age of 16 will be prohibited in Quebec. Retailers will be required to verify age before completing a sale, introducing a new compliance obligation for businesses that sell these products.
The legislation will also have implications for certain sales channels. Because age verification cannot be readily conducted through vending machines, caffeinated energy drinks will no longer be permitted to be sold through vending machines in Quebec once the new requirements take effect.
Will Product Labelling Change?
At this time, it remains unclear whether the legislation will introduce additional labelling requirements for caffeinated energy drinks sold in Quebec. Further guidance may be issued before the implementation date, and manufacturers should monitor regulatory developments closely.
Compliance Requires More Than Federal Knowledge
Food manufacturers often focus on meeting federal regulatory requirements; however, provincial legislation can create additional obligations that impact product formulation, labelling, distribution, marketing, and sales practices.
The upcoming Quebec ban serves as an important reminder that regulatory compliance extends beyond federal regulations. Companies selling products across Canada should routinely assess provincial requirements to ensure they remain compliant in every market where their products are offered.
With the legislation expected to take effect in six months, now is the time for affected businesses to review their products, distribution channels, and compliance strategies.
Need Help Navigating Provincial Food Regulations?
Keeping up with evolving federal and provincial requirements can be challenging. Whether you’re launching a new product, reviewing compliance obligations, or assessing the impact of regulatory changes on your business, Dell Tech Laboratories can help.
Contact our team today to learn more about provincial food regulations and how we can support your compliance needs.
Blog Author
Joanna Chudyk, M.Sc.
Joanna Chudyk is a Principal Regulatory Affairs Consultant with expertise in natural health products, non-prescription drugs, food regulations, and pest management compliance. With a strong scientific background in food safety and quality assurance, she brings specialized regulatory knowledge across a wide range of product categories.
