CBA Statement: Adoption of Quebec's Bill 9 Ignores Science-Based Health Canada Regulation of Energy Drinks and Will Not Serve Public Health
Canada NewsWire
TORONTO, June 11, 2026
TORONTO, June 11, 2026 /CNW/ - The Canadian Beverage Association (CBA) is disappointed by the National Assembly's adoption of Bill 9, An Act to prevent the harmful effects of energy drinks on the health of young people.
This legislation, which was enacted using an expedited legislative process that precluded meaningful factual, scientific, and medical analysis, imposes an arbitrary, blanket restriction on the sale of energy drinks to Quebec consumers that will not serve or advance public health. Instead, this legislation introduces a new and inconsistent definition of energy drinks that diverges from Health Canada regulations, creating confusion for consumers and enforcement authorities. It also imposes sweeping restrictions – including a ban on online and vending machine sales for adults – that are disproportionate and disconnected from the demonstrated level of risk.
Testifying experts from the Institut national de santé publique du Québec, Ordre des Pharmaciens du Québec, Association des cardiologues du Québec, and the CBA all agreed that the consumption of energy drinks among adolescents in Québec is low and that the scientific evidence does not demonstrate a causal link between energy drinks and health, including in the context of concomitant use with medication.
Moreover, the Report by the Québec Advisory Committee on Energy Drinks on which the proponents of Bill No. 9 relied stated that "existing data on the link between energy drink consumption and health effects are fragmentary" and that "experts cannot establish a direct cause-and-effect relationship." For these reasons, other jurisdictions with high regulatory benchmarks have repeatedly rejected similar sales restrictions, finding them to be arbitrary, not based in science, and not otherwise justified. It is unfortunate that the National Assembly did not do the same.
In their testimony, the ACQ emphasized that they were not given adequate time to prepare a comprehensive, evidence-based presentation for the committee. They expressed concern that the legislative process was moving faster than the science could support. The cardiologists cautioned strongly against rushing to policy conclusions based on a single case, no matter how tragic.
Effective regulation requires careful analysis, adequate consultation, and time to ensure that measures are proportionate, evidence based, and targeted to actual risk.
A wealth of scientific data demonstrates that energy drinks and their ingredients are safe. Energy drinks are not high in caffeine compared to other more commonly consumed caffeinated beverages (including coffee).
The National Assembly's concerns about caffeine would be better served by focusing on education, prevention, and awareness rather than restricting a product that is not a major source of caffeine in the diet of Quebecers and that is already subject to stringent federal federal oversight by Health Canada, including limits on caffeine content, mandatory labelling, and clear cautionary statements.
Bill 9 also raises serious concerns regarding consistency and proportionality. As drafted, the approach to the regulation of energy drinks is more restrictive than frameworks applied to other age-restricted products in Quebec particularly in the context of e-commerce, where enforcement challenges are already well documented.
"The speed and fervour with which Bill 9 was advanced resulted in legislation that was not carefully examined, science-based, or fit for purpose. Effective policy requires not only good intentions, but the time and rigor to ensure it works as intended."
- Krista Scaldwell, President, CBA
It is unlikely that this legislation will deliver meaningful public health benefits rather than merely shifting purchases of energy drinks to less regulated channels.
Education, evidence-based policy, and targeted, proportionate measures based on demonstrated risk are the most effective tools available to the government to engage adolescents and society in a constructive dialogue about caffeine and its effects.
Moving forward, the CBA continues to call for adequate consultation with stakeholders, engagement with public health experts, and a transparent, science-based assessment of the evidence.
Additional Information
- Energy drinks are safe. In Canada, energy drinks are already subject to stringent federal regulations, set by Health Canada, including requirements related to composition, caffeine content, labelling, and cautionary statements.
- Since 2010, Canadian Beverage Association members have adhered to the Energy Drink Marketing Code, restricting energy drink sales in elementary, middle, and high schools. Association members are also committed to marketing energy drinks in accordance with the Food and Drugs Act and the Safe Foods for Canadians Act.
- In Québec, a 250-ml energy drink typically contains less caffeine than a small drip coffee from a coffee house.
Resources
Health Canada, Caffeinated Energy Drinks
INSPQ, La consommation des Autres aliments et des boissons chez les Québécois
SOURCE Canadian Beverage Association