Restricting the sale of energy drinks for under 16-year-olds is a “quick headline” that doesn’t reflect the “long-standing” evidence and “effective” local regulatory arrangements designed to inform Australians, according to the Australian Beverages Council.   

The organisation notes that in Australia, energy drinks are strictly regulated under Standard 2.6.4 of the Australia New Zealand Food Standards Code.

“The Code sets a maximum caffeine level of 80mg per 250ml – comparable to a cup of instant coffee made with one teaspoon of coffee,” says the Council. “The mandatory labelling requirements include an advisory statement that the product isn’t recommended for children, as well as a declaration that the product contains caffeine.” 

The Australian Beverages Council also points to the “comprehensive” Caffeine Review conducted by Food Standards Australia New Zealand published in March 2026, which noted: “FSANZ has not identified a risk that would necessitate amending the requirements for FCBs” (formulated caffeinated beverages or energy drinks). 

“Instead, the review introduced new controls for other caffeine-containing products, while leaving existing permissions for energy drinks unchanged,” says the Council.  

In its statement, the organisation cites the 2023/24 ABS Apparent Consumption Data as well that shows that the average per capita daily intake of energy drinks was “just” 13.1ml, representing 3.4% of total consumption across the non-alcoholic beverages category.  

Further, ABCL Members have voluntarily adopted Energy Drink Commitments that prohibit sale in schools and prevents direct marketing and advertising to children, the Council adds.  

It believes that implementing a ban similar to that proposed in England would not only be disproportionate to the Australian evidence base – it would also present “significant practical enforcement challenges” across the diverse retail environments in which these products are sold, without clear evidence that it would improve public health outcomes.