The Vending & Automated Retail Association (The AVA) has condemned the Department of Health and Social Care’s (DHSC) decision to impose a blanket ban on vending machine sales of high-caffeine energy drinks, warning it will cost the industry an estimated £43 million annually, threatening jobs and penalising millions of law-abiding adult consumers.
DHSC’s consultation outcome proposes holding the person who controls or manages a vending machine’s premises liable for any sales, an approach it draws directly from tobacco legislation. The AVA argues this comparison is fundamentally flawed. Tobacco is a uniquely harmful and addictive product, whereas energy drinks are regulated, legal beverages that are safe for adult consumption; the two cannot be equated.
The Government’s own consultation response acknowledges that the evidence linking energy drinks to the harms cited is “not definitive” and does not establish causation, yet it has proceeded with a blanket ban regardless.
More than 82% of vending machines are located at sites that do not permit access to children including workplaces, factories, warehouses and gyms. No evidence has been presented to show that vending machines, particularly those in adult-only locations, are a significant source of underage purchases.
The vending industry already operates responsible voluntary restrictions, limiting the sale of energy drinks in locations regularly accessed by children such as shopping centres. Despite this, the Government has rejected a targeted approach, including age-verification technology and location restrictions in favour of a blanket ban, citing ease of enforcement rather than demonstrated risk.
David Llewellyn, Chief Executive of The AVA, said: “We are incredibly disappointed by the Government’s decision to proceed with a blanket ban covering the sales of high-caffeine drinks from all vending machines. DHSC has admitted the evidence is not definitive but has chosen to punish an entire industry rather than pursue proportionate, targeted measures that would achieve the same child protection goals.
“A £43 million annual hit will cost jobs, harm businesses and strip millions of adults of the right to purchase a perfectly legal product. This is not evidence-based regulation, it is a blunt instrument applied for the sake of administrative convenience, and the industry will pay the price. The AVA will continue its efforts to push back on this decision in favour of our members whose businesses are hugely impacted as a result of this decision.”
The AVA’s position is reinforced by the British Soft Drinks Association (BSDA), committing not to market or promote energy drinks to under-16s, with all high-caffeine beverages carrying a ‘not recommended for children’ label. BSDA has also highlighted that the vast majority of caffeine consumed by children and adolescents comes from sources other than energy drinks, and that the government’s own consultation response acknowledges the legislation is not supported by robust evidence of overconsumption or harm. The AVA shares the BSDA’s view that regulation must be proportionate and grounded in firm evidence, and that this ban fails both on both counts.
The AVA is calling on the government to reconsider its position and engage with the industry on targeted, evidence-based measures that protect children without imposing disproportionate costs on businesses and removing consumer choice for adults.
More from The AVA here.
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