Energy Drink Sales to Children

Steve Brine Excerpts

Tuesday 17th April 2018 Westminster Hall

[The Parliamentary Under-Secretary of State for Health (Steve Brine)]

All good things come to those who wait. After the delay, here we are.

It is a pleasure to serve under your chairmanship again, Mr Hollobone. I congratulate the hon. Member for Redcar (Anna Turley) on securing the debate. I know that there are competing pressures on Members’ time today, but I am surprised that there are not more here for this debate on a big, emerging issue that is gathering momentum. My ministerial colleagues and I have been asked about it at Health questions previously—perhaps that is what the hon. Lady was referring to. I thank her for introducing the debate and for setting out the case very clearly.

We all agree that the regular consumption of energy drinks by children is not appropriate at all. I say that as one who has young children. That applies especially to those under 16, as energy drinks often contain a lot of caffeine and sugar—I will talk about both. They are often coupled with other sources of caffeine and sugar in children’s diets. Too much of a good thing, or too much of a bad thing in this case, can lead to difficulties sleeping and headaches—I have heard stories about that—and there is obviously an effect in terms of tooth decay and weight gain. In addition to the health and wellbeing impacts of the risk to children of consuming large volumes of energy drinks, there is anecdotal evidence, notably from schools, that their consumption has a very negative impact on children’s behaviour and, in turn, their learning. The hon. Lady gave an example from her constituency, and I have heard about countless cases as a constituency MP and through the media. It is right that we are having this debate and that we continue to examine the issue of the consumption of energy drinks by children, but this is not just about children; adults should also look at the small print on such drinks, because too much is not good for anybody.

The hon. Lady gave some figures, and I will give some of my own. A 250 ml can of an energy drink usually contains about 80 mg of caffeine, which is similar to two or three cans of cola, a mug of instant coffee or, as the hon. Lady said, an espresso. Some of the smaller energy “shot” products contain twice as much caffeine.

EU food information regulations require specific labelling for high-caffeine drinks and foods where caffeine has been added for a psychological effect. Such labelling helps consumers to identify foods with a high caffeine content where they may not expect to find it. The British Soft Drinks Association’s code of practice states that high-caffeine soft drinks should not be marketed, advertised or promoted to children under 16. It is right about that, of course. Amid growing public concern, and in line with that voluntary industry code, we have recently seen major supermarkets banning the sale of such products to under-16s. When companies do the right thing, I always think it is worth putting that on the record. Asda, Aldi, Co-op Food, Lidl, Morrisons, Tesco, Sainsbury’s and Waitrose have all voluntarily decided to ban the sale of these products to under-16s and they deserve credit for that action.

It is important that the Government remain open-minded and continue to look at any new evidence that emerges. I promise the House that we certainly are and we certainly will. The European Food Safety Authority published an opinion on the safety of caffeine less than two years ago, in May 2015. It derived safe daily intakes for adults and children and concluded that, when consumed at those intake levels, caffeine raises no serious concerns for the general healthy population, but based on current evidence on caffeine safety, the Food Standards Agency, for which I have ministerial responsibility, advises that children or other people sensitive to caffeine should consume caffeine only in moderation. That advice has remained unchanged up to this point. The hon. Lady may be aware that in March, the Science and Technology Committee launched an inquiry into the consumption of energy drinks. We welcome the inquiry very much and we recently submitted our evidence on behalf of the Government—I know she will look for that.

In the light of renewed, obvious and justified public concern, recently the Food Standards Agency has undertaken a literature review to identify if any new robust scientific studies have been conducted since the 2015 EFSA review that I mentioned. On 20 March, the results of the review and the information provided by the #notforchildren campaign were presented to the UK’s committee on toxicity of chemicals in food, consumer products and the environment, for consideration. In particular, the committee is now considering whether a review of caffeine consumption in children and adolescents is required to ascertain whether the studies published since the EFSA opinion add significantly to the body of evidence.

Retailers have acted to restrict the consumption of energy drinks. I am pleased to note that alongside all the supermarkets that I mentioned, other prominent retailers such as WHSmith and Boots, which have a significant high street presence in my constituency and, I am sure, in the hon. Lady’s, have also voluntarily acted to restrict their sales to under-16s. She mentioned this but it is worth repeating that many small retailers, which may be seen as the villain in the piece—I do not think that the facts bear that out—restrict the sales of energy drinks to children. I understand that around half the Association of Convenience Stores’ nearly 50,000 shops have implemented a voluntary ban on the sale of energy drinks to under-16s. Good for them and thanks to them.

In schools, which were mentioned by the hon. Member for East Lothian (Martin Whitfield) and the hon. Member for Redcar, energy drinks are not permitted within the school food standards. Schools have the power to confiscate, retain or dispose of any item that is banned by the school rules, which can include energy drinks. Some schools already do that. I was very interested to hear about fizz-free February—I will google it later and see where it takes me.

The school food standards came into force in January 2015. They define the food and drinks that must be provided, those that are restricted and those that must not be provided. They apply to all food and drink provided to pupils on and off school premises. I am due to see the Schools Minister shortly about another matter, but I will discuss this issue with him and I thank the hon. Lady for raising it.

[Martin Whitfield]

Does the Minister have any comments about the advertising of high-energy drinks through computer games and on social media?

[Steve Brine]

That is an emerging policy area that I am taking very close interest in, as the Public Health Minister and someone with an interest in the public health and child obesity agendas. In the same way that the major retailers that I put on the record have shown what I suggest is a great deal of corporate responsibility, I suggest that the producers of these drinks might also take a long, hard look and consider their social and moral responsibility, so that they can stay within the spirit of the guidelines.

[Hannah Bardell (Livingston) (SNP)]

In the spirit of co-operation, because there was a mention of the Scottish Government’s study, what engagement has the Minister had with Public Health Ministers in the devolved nations? Does he agree that sharing ideas, approaches and policies across the UK and beyond will be the best way to tackle this issue?

[Steve Brine]

I completely agree. Personally, I have not had that engagement, but I will check with my officials and I will be surprised if they have not. If the hon. Lady wishes to facilitate that engagement, I would be very happy.

I want to touch briefly on sugar. Many energy drinks contain high levels of sugar. Studies conducted in children and adolescents indicate that higher consumption of sugars, including the sugar-sweetened drinks that we are talking about, is also associated with a greater risk of tooth decay, weight gain and all the other health impacts—look at the challenges that we have in the health service with type 2 diabetes. Latest figures continue to show that our childhood obesity rates remain far too high. Almost a quarter of children are overweight or obese when they start primary school in England, rising to around a third by the time they leave. That is not good enough and the Government and I are far from happy about it. Intakes of sugar are currently more than double the recommended amount across all age groups. Teenagers are consuming just over 14% of their energy from sugar, and over a fifth of this sugar intake comes from sugar-sweetened soft drinks.

Key measures in what I think was a well received, world-leading childhood obesity plan, launched in August 2016, include the soft drinks industry levy, which seems to have been around for ages but came into force less than two weeks ago, on 6 April. We are already seeing improvements—a number of soft drink manufacturers have announced that they have or they will reformulate their products to reduce sugar levels. I have mentioned many times in this House the manufacturers that I think deserve credit for doing that and I hope more will follow. More than half of all drinks that we estimate would otherwise have been in scope of the levy have reduced their sugar content to below the levy threshold, which was the intention of the policy.

The sugar reduction and wider reformulation programme is being led and run by Public Health England, for which I have responsibility, and applies to all sectors of industry: retailers, manufacturers and the out-of-home sector, which includes restaurants, takeaways and delivery companies, cafés and the good old-fashioned pub. Public Health England will shortly publish an assessment of progress on sugar reduction, which I eagerly await. We will use that to determine whether sufficient progress has been made in our view and whether alternative or additional levers need to be considered.

The hon. Member for Redcar mentioned the possibility of revision to the child obesity plan. We always said that the child obesity plan was the start of a conversation, not the end. She mentioned Jamie Oliver; I pay great tribute to his work and that of his team, who I met recently just before the Easter recess when we discussed this issue and many others. We have always said that if we need to go further we will, and that assessment that PHE is carrying out on the initial impact of the industry soft drinks levy will be part of the determination of whether we need to do that. I have said in the House before and I will say again that the hon. Lady should watch this space.

In conclusion, the actions that we have talked about and the stuff that we look to cannot entirely eliminate the sale of energy drinks to under-16s. However, I assure hon. Members and the public that this is a matter that the Government, the Secretary of State and I are looking at very carefully. We will monitor the situation extremely closely in the light of the emerging scientific evidence and public concern—I understand that we have to take both into consideration. If we conclude that further Government action is needed to restrict the sale of energy drinks to children, we will not hesitate to act. Our actions have shown in the past that we never hesitate to act when the evidence points us in that direction.

Question put and agreed to.