Ending the sale of energy drinks to children and young people: consultation analysis

Footnotes

1. Figures do not sum to 100% due to rounding.

2. The Other group is made up of organisations which did not fall into any of the main respondent groups. These were the Advertising Standards Authority, Community Leisure UK, the Institute of Economic Affairs and Law Society of Scotland.

3. Figures do not sum to 100% due to rounding.

4. The Other group is made up of organisations which did not fall into any of the main respondent groups. These were the Advertising Standards Authority, Community Leisure UK, the Institute of Economic Affairs and the Law Society of Scotland.

5. The precautionary principle enables decision-makers to adopt precautionary measures when scientific evidence about an environmental or human health hazard is uncertain and the stakes are high.

6. The Young Scot National Entitlement Card is available free of charge to everyone aged 11-26 living in Scotland.

7. European Food Safety Authority (2015) Scientific Opinion on the Safety of Caffeine. EFSA Journal 13(5): 4102.

8. Figures do not sum to 100% due to rounding.

9. Respondent cited the following: Zucconi, S., Volpato, C., Adinolfi, F., Gandini, E., Gentile, E., Loi, A. and Fioriti, L. (2013) Gathering consumption data on specific consumer groups of energy drinks. European Food Safety Authority Supporting Publications 2013: EN-394.

10. Energy drinks and children: Thirteenth Report of Session 2017-19. The House of Commons Science and Technology Committee.

11. Energy drinks do not feature specifically as part of the Healthy Living award criteria at present, although they are excluded through other criteria.

12. A Court of Appeal (England and Wales) judgement in the case of R (Sinclair Collis Ltd.) v Secretary of State for Health [2011] EWCA Civ 437 was cited. It was reported that a ban on the sales of tobacco products from vending machines was found to be prima facie a violation of Article 34 of the Treaty on the Functioning of the European Union and Article 1 of Protocol 1 to the European Convention on Human Rights, but also that the ban was considered justified and proportionate with respect to the risks posed by tobacco. The respondent argued that there is no scientific evidence that energy drinks are harmful to children, so a restriction on their sales through vending machines cannot be justified in the same way.

13. Primary Authority is a means for businesses to receive assured and tailored advice on meeting regulations such as trading standards through a single point of contact. The scope of Primary Authority and its practical operation differ in each nation of the UK. Policy areas devolved to the Scottish Government and covered by Scottish legislation (including food and public health) are not in scope of Primary Authority.

14. The Food Standards Agency's remit covers England, Northern Ireland, and Wales. Food Standards Scotland (FSS) is the public sector food body in Scotland.

15. The Healthcare Retail Standard is a mandatory requirement for all stores and trolley services in NHS healthcare settings in Scotland. An evaluation of the Healthcare Retail Standard is available.