Energy drinks

Application from Red Bull GmBH

• The Australia New Zealand Food Authority (ANZFA) has received an application from the company Red Bull GmbH to vary the Food Standards Code so that energy drinks are specifically regulated under the Code within Australia and New Zealand.

• Energy drinks are soft drinks which contain so called ‘energy enhancing’ ingredients such as caffeine or guarana. Guarana is a herbal food which is a source of caffeine. Vitamins such as niacin, B6 and B12, and amino acids are often added to these drinks. There is a range of energy drinks sold in Australia and New Zealand. Energy drinks are considered to be foods in Australia and are not yet covered by specific regulations in Australia. ANZFA is currently considering how these drinks should be regulated.

• Energy drinks are already regulated in New Zealand as dietary supplements. The Trans Tasman Mutual Recognition Arrangement allows energy drinks to be imported into Australia from New Zealand providing they comply with New Zealand regulations.

• To address the wider safety issue of caffeine in the diet, ANZFA is establishing an Expert Working Group. Among other issues, this Group will look at the health effects of caffeine for children.

• Guarana is a relatively new source of caffeine in the diet and many consumers may be unaware that guarana is a natural source of caffeine.

• As part of the review of the joint Food Standards Code, ANZFA is looking at the labelling of drinks containing caffeine, including those with guarana. Proposal 161 recommends that where manufacturers add guarana to soft drinks, they must declare the amount of caffeine on the label. This proposal will be sent to Ministers in the near future.

Food standards – how do they work?

• Here at ANZFA, we welcome your views about any of the food standards we’re developing or reviewing. We carefully consider everyone’s comments and these help us make our final recommendations to the Australia New Zealand Food Standards Council. This Council is made up of Commonwealth, State, and Territory health ministers and the New Zealand Minister for Health.

Two rounds of public comment

Unlike many other organisations, whenever we’re developing or changing a food standard, there are generally two rounds of public consultation, so there’s plenty of opportunity to tell us your views. For more about this, see our fact sheet, The ANZFA Process - it’s as easy as 1,2,3,4.

When ANZFA first receives an application, such as the one from Red Bull GmbH, we make a preliminary assessment to ensure that the application falls within our area of responsibility. ANZFA is legally obliged to consider any application dealing with food standards issues.

We check the application isn’t duplicating any other and determine whether or not we have enough information to proceed. We then invite public submissions on the application through notices in newspapers in Australia and New Zealand and on our web site. 

After this, we make a recommendation as to whether the application should be accepted or rejected. If the application is accepted, there will be another round of public comment for people to comment on the draft amendment to the law. Any external application to ANZFA must be processed within 12 months.

The final decision on all food standards matters is made by the Australia New Zealand Food Standards Council (see above).

We want to know your views about energy drinks

• We’re very keen to know your views about energy drinks. The best way for us to take your views into account is to write to us c/- the Project Manager at one of the following addresses:

Project Manager – Application A394 

Australia New Zealand Food Authority	Australia New Zealand Food Authority
PO Box 7186	PO Box 10559
Canberra BC	The Terrace
ACT 2610	Wellington 6036
Australia	New Zealand

The preliminary assessment report outlining the scope of the Red Bull application is available on our web site. You can find it in the Food Standards folder, food standards issues, A394. We’ll need to receive your written submission by cob 27 October 1999 . Unfortunately we can’t accept submissions by email as their delivery cannot be guaranteed.