Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what assessment he has made of the potential merits of repealing 4.1 and 4.2 of Annex III of EU Regulation 1069/2011.

The Food Standards Agency (FSA) has policy responsibility for the safety of high caffeine drinks and foods, including the caffeine labelling requirements set out in Articles 4.1 and 4.2 of Annex III of retained EU Regulation No. 1169/2011.

These articles require information to be provided on the level of caffeine, in milligrams per 100 millilitres or per 100 grams and helps to highlight the existence of caffeine in a product where, unlike a coffee or tea, people may not expect it to be present.

We have no current plans to remove these requirements as some people need to limit their caffeine consumption such as pregnant women where high caffeine consumption can increase the risk of pregnancy complications. However, the FSA is considering the UK Government’s Retained EU Law (Revocation and Reform) Bill and what opportunities there are to reform legislation, where needed.

The FSA advises that children, or other people sensitive to caffeine, should only consume caffeine in moderation. Pregnant and breast-feeding women should limit their caffeine consumption to less than 200 mg a day. As the level of caffeine can vary between high caffeine ‘energy’ drinks and caffeinated foods, the labelling requirement provide useful information for consumers who need to limit their caffeine consumption.