There is currently no nationwide statutory legal age restriction for the sale of energy drinks.
While some retailers have voluntarily implemented a minimum age requirement, typically limiting sales to those aged 16 and over, this does not have the force of law underpinning it.
A number of NGO’s have recently commenced agitation to the Irish Government to get them to carry out their commitment in the Programme for Government to “explore restrictions on the sale of high-caffeine energy drinks, including a ban on their sale to children”.
A Private Members Bill entitled “Public Health (Restriction on Sale of Stimulant Drinks to Children) Bill 2025 was introduced in the Seanad in May , and while further Stages of the Bill were delayed due to a Government amendment seeking to return to the House within 18 months with its considered views, it is obvious that the principle of restricting the sale and limiting the advertising of energy drinks will find favour with the Department of Health once they can find sufficient scientific evidence to warrant such action.
One area of concern to retailers will be the additional level of compliance required and possible on the spot fines for failure to satisfy a Test Purchase by a volunteer minor. There are suggestions in the Private Members Bill that vending machines that are accessible to under 18s could not stock energy drinks, and similar restrictions for online sales yet it is quite obvious that none of these constraints were discussed with the people most affected, the businesses!
Vague suggestions by the Minister of State during her response to the Bill that there would be stakeholder consultations run hollow when recent histories of so-called Consultations are considered.
We can only hope that the new Minister, her advisors and her Ministers of State with responsibility for Food Safety will, in advance of considering the course they wish to consider, hold meaningful discussions with the representatives of retailers rather than following the past formulae of pre-populated Questionnaires that have an outcome already agreed.
