Traple Konarski Podrecki & Partners

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From January 2024, major restrictions on sale and advertising of energy drinks are envisaged under Polish law

A proposal has been submitted in the Sejm, in a motion initiated by MPs, to amend the Public Health Act and to legislate on the rules for sale, advertising,

and promoting beverages containing caffeine or taurine in a ready-to-eat food product, i.e. energy drinks. The new rules would take effect next year, from 1 January, 2024.

Under the proposal:

  • it would be prohibited to sell beverages containing caffeine or taurine to persons under eighteen years of age, in schools and other educational facilities, and also in vending machines;

  • it would be prohibited to advertise and promote beverages containing caffeine or taurine on television, radio, and in cinemas and theaters from 6:00 to 20:00. This will not apply to advertising conducted by an organizer of a competitive or professional sports event for the duration of the event. It would also be prohibited in young people’s and children’s press, on the covers of daily newspapers and magazines, on advertising pillars and billboards and other space with static and animated advertising, posters, and means of providing information technology services, including when this involves young people and children;

    • These rules would not apply to advertising and promotion of beverages containing caffeine or taurine conducted within wholesale premises, separate stands and outlets that sell only beverages containing caffeine or taurine, and at outlets at which these products are consumed at the point of sale. Advertising or promoting beverages containing caffeine or taurine in breach of the proposed rules would lead to a fine from PLN 10 000 to as much as PLN 500 000 or restriction of freedom, or a combination of the two.  The forthcoming legislative developments should be taken into account when formulating future energy drink marketing strategies.

    Author: Żaneta Zemła-Pacud, Kaja Seń

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