Question Period Note: CAFFEINATED ENERGY DRINKS

The media and stakeholders have raised concerns regarding caffeinated energy drinks (CEDs). In October 2019, the Radio-Canada weekly TV series Enquête aired a program focusing on the risks associated with the consumption of these products, particularly among children, teens, and individuals with pre-existing cardiac health conditions. A segment of the program discussed the deaths of 15-year old Brian Shepherd (2008) and 21-year old Zachary Mitchell (2016). Shortly after the program aired, the Quebec Minister of Health announced that the province is considering banning the sale of CEDs to individuals under the age of 16 years old.

• What is the Government of Canada doing to protect children and teens from the risks associated with caffeinated energy drinks?

KEY MESSAGES

• My thoughts are with the families of those who have suffered the tragic loss of their loved ones.

• Our Government takes the concerns regarding caffeinated energy drinks very seriously and has taken measures to address the risks these products may pose.

• Health Canada has put limits on caffeine content and required robust labelling measures, such as caution statements advising that these products should not be consumed by children or mixed with alcohol.

• Health Canada continues to monitor the safety of these drinks and will take further action if necessary.

Regulatory oversight

Caffeinated energy drinks are tightly regulated in Canada under the Food and Drug Regulations using Temporary Marketing Authorizations (TMAs).

Under this framework, Health Canada has introduced measures to mitigate risks to Canadians, which include:

• A limit of 180 mg of caffeine for a single-serving container;
• Caution statements on the label advising that energy drinks should not be:
o consumed by children, pregnant/breastfeeding women and individuals sensitive to caffeine;
o mixed with alcohol; and,
o consumed in excess of the number of servings indicated
• A prohibition on marketing these products to children; and
• A requirement for industry to provide any incident reports they receive to Health Canada.

Actions taken since the release of Coroner Pascale F. Boulay’s investigative report

On August 20, 2016, Zachary Mitchell, a 21 year old male drowned after diving into a lake from approximately 15 feet. Mr. Mitchell had consumed alcohol and CEDs prior to his death. The Quebec Coroner, Pascale F. Boulay released her investigative report on October 26, 2018, and concluded that the drowning was likely related to an arrhythmia resulting from the combined effect of a pre-existing genetic condition and the consumption of CEDs, induced by physical exercise or emotional stress.

Health Canada reviewed the coroner’s report and took multiple steps to protect Canadians, including:

• Seeking expertise and advice from the Canadian Cardiovascular Society to better understand these drinks and their impacts on cardiac health for certain vulnerable populations, such as people with genetic heart conditions;
• Conducting a literature review to re-examine the links between these products and cardiac-related symptoms and events;
• Updating its 2013 scientific assessment of the potential risks related to CEDs; and
• Reviewing international reporting processes to collect information on consumption incidents.

The Department is committed to mitigating the risks associated with consuming these products, especially the risks to vulnerable populations. Health Canada continues to monitor new evidence regarding the effects of caffeinated energy drinks on health, including from reports of adverse reactions.

Ban on sale to minors

On October 25, 2019, the Quebec Minister of Health announced it was considering a ban on the sale of CEDs to people under the age of 16 years, amid the recommendations from the Association québécoise des médecins du sport et de l’exercice and a report by Radio-Canada investigative program Enquête that revealed the undesirable effects of these products.

As indicated in the Regulatory Review Roadmap, Health Canada is in the process of developing a permanent regulatory framework for supplemented foods, including these drinks. Health Canada will consider a full range of measures during the development of the regulations. The new regulatory framework will be based on the best available evidence.

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