Canada March 23, 2012

Special Alert – Caffeinated Energy Drinks

FOR IMMEDIATE RELEASE

As per previous communication from Health Canada, caffeinated energy drinks will no longer be considered NHPs. They are now deemed as foods and TMAs will have to be filed. TMAL (Temporary Marketing Authorization Letters) will be issued to those that meet the requirements.

The NHPD and Food Directorate sent out the Category Specific Guidance for Temporary Marketing Authorization for Caffeinated Energy Drinks to stakeholders this week. (see link below).

Energy Drinks – Category Guidance Document

The key points in the document are:

• Definition of “Caffeinated energy drinks” has been clarified
• Transition of submissions from NHPD to Food Directorate depends on which of the following categories the submission falls in
• Timelines for transition depend on whether the submission has an NPN, EN, or submission number and are detailed in the document. Please note that all submissions filed after Oct 6, 2011 will be refused and will need to be re-filed as TMAs
• Details of key dates to submit information with regards to the transition are also marked
• Permissible Levels of caffeine and vitamins / minerals have been specified
• Caution statements and guidance related to claims have been specified
• There will be a requirement to undertake consumption incident reporting as a condition of their TMAs. Reports will need to be submitted to Health Canada annually.

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