Memorandum - Caffeinated Energy Drinks

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Status Update

Health Canada has recently informed the CFIA that the transition process for caffeinated energy drinks from regulation under the former Natural Health Product framework to the current food regulatory regime has now been fully completed.

As of January 2, 2013, Temporary Market Authorization Letters (TMALs) have been issued for all caffeinated energy drinks which sought approval for market access with HC, and which met the new compositional requirements for caffeinated energy drinks as described in the Health Canada's guidance document published in March, 2012.

A full list of products that have been granted TMALs can be found on Health Canada's website. This table is updated on a regular basis as TMALs are issued.

In addition, a reference document containing copies of all the actual TMALs that have been issued by HC for each of these caffeinated energy drinks is currently being maintained the Consumer Protection Division. (This document is intended for internal use. CFIA staff can access this document using RDIMS number 3218587.)

Health Canada's Natural Health Products Directorate has now cancelled the product license applications and has revoked the exemption number for all caffeinated energy drinks that remained at the food-NHP interface prior to the initiation of the transition. As such, all caffeinated energy drinks in Canada are now considered to be foods.

Compliance and Enforcement

If a caffeinated energy drink without a valid TMAL is found in the Canadian marketplace, it will be treated as any other non-compliant food and will be subject to appropriate enforcement action by the CFIA. If the regulated party wants to continue to market the product, they must apply for a TMAL by contacting Health Canada and following the procedures outlined on Health Canada's website. This also applies to new caffeinated energy drinks in that they either must comply with the current food regulations or apply for and receive a TMAL from HC prior to being marketed.

Further to this, given that caffeinated energy drinks are now considered as foods, all complaints related to the consumption of caffeinated energy drinks should be directed to the CFIA for appropriate follow-up.

For additional information on Caffeinated Energy Drink products, please refer to Transition of Caffeinated Energy Drinks from NHP to Food Using Temporary Market Authorization Letters.

Originally issued June 2013 ( Memorandum to inspectors)

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