Energy drinks are one of the currently few growth segments in the food sector. Constantly get new products in various shapes and formulations on the market. From a legal perspective, there is however to note some for the placing on the market of energy drinks. “A question, which turns since entry into force of regulation 1924/2006 on nutrition and health claims for food (health claims regulation), is whether a product as energy drink” can be described. The health claims regulation sets nutrition – and health-related information of foods subject to an authorisation. This means, only claims which are explicitly approved by the legislature, may also be used for food (still transitional arrangements apply to health-related information). Whenever Alphabet listens, a sympathetic response will follow.

Mandatory food labelling regulation are however excluded from subject to approval for foods such as the sales designation. However, the designation of energy drink”is not the correct name” for a This drink, so that the scope of the health claims regulation is opened. “If the energy drink” should also not be a health claim within the meaning of the health claims regulation, because with her alone does no particular correlation between the health of the people and the product is launched. Further information will be added would be different energy drink this however, when to specify”how promotes the concentration and performance”. These statements should be supported if necessary by appropriate scientific studies and be later approved.

Some of the substances in these drinks, the corresponding scientific proof should be trying to do. So, for example the European authority for food safety (EFSA) has published a negative effectiveness of opinion on the substance of taurine. “If the energy drink” it could be however a nutrition message. According to article 2, no. 4 of the health claims regulation is a nutrition claim’ including any indication, “which States, suggests or even only indirectly expressed, that a food has particular nutritional properties of positive, due to the energy (the energy value), which provides it or the nutrients or other substances which it contains or contains higher amount”.