The Act of August 17, 2023, amending the Public Health Act and certain other acts, introduces a ban on selling drinks containing taurine or caffeine (that is, energy drinks) to persons under 18, as well as a ban on selling them on the premises of schools and other educational institutions and in vending machines.
The Act also specifies what is considered a drink containing added caffeine or taurine. According to this definition, it is a food product included in the Polish Classification of Goods and Services whose composition contains caffeine in a proportion exceeding 150 mg/l or taurine, excluding substances naturally occurring in them. From now on, such drinks will bear a visible, legible, indelible and permanent label stating “Energy drink” or “Energy beverage”.
This provision came into force on January 1, 2024, which means that selling such products to persons under 18, as well as selling them in places covered by the sales ban, has constituted an offense since that date, punishable by a fine of up to PLN 2,000. If there is any doubt about the buyer’s age, a shop assistant may request an identity document confirming the purchaser’s age.
Manufacturers and importers who fail to fulfill the labeling obligation may face a fine of up to PLN 200,000 and even a restriction of liberty.