Quebec adopts bill banning energy drinks for youth under 16

On Thursday, Quebec became the first Canadian jurisdiction to enact legislation regulating energy drinks.

Legislators passed Bill 9, the Act to Prevent the Harmful Effects of Energy Drinks on Youth Health, by a vote of 103 to 1. Only the independent member for Saint-Jérôme, Youri Chassin, voted against it.

Two other independent members, Maïté Blanchette Vézina (Rimouski) and Sona Lakhoyan Olivier (Chomedey), abstained.

This bill prohibits the sale of energy drinks to anyone under the age of 16, or to anyone seeking to purchase them for a youth under 16.

An energy drink is defined in the legislation as a beverage containing at least 150 mg/L of caffeine and other ingredients, such as taurine, vitamins, or minerals.

The law will take effect in six months to allow the industry and retailers time to adapt. It will also apply to purchases made online and from vending machines.

Inspection and investigation powers are granted to Santé Québec.

Fines of $100 are set for offenders under the age of 16, while fines for retailers could reach $62,500, doubling for repeat offenders.

The Quebec government is introducing legislation as the consumption of energy drinks among high school students has nearly doubled between 2016 and 2023, according to the Institut de la statistique du Québec.

These beverages, which are high in sugar and caffeine, are at best useless and at worst dangerous, summarized Jean-François Desgagné, president of the Ordre des pharmaciens du Québec, during public consultations.

The Quebec government is introducing this legislation as energy drink consumption among high school students nearly doubled between 2016 and 2023, according to the Institut de la statistique du Québec.

Bill 9 is intended to address the heartfelt plea of the parents of Zachary Miron, a teenager who died in 2024 at the age of 15 after the Red Bull he had drunk interacted with his ADHD medication.

The Minister is pleased… and so is Guru

After the vote, Health Minister Sonia Bélanger said she was “very, very happy.”

“Happy with the work we’ve done in a bipartisan manner, happy for the parents, and happy for the children. We’re going to do everything we can to ensure this is implemented properly,” she exclaimed during a press scrum at the National Assembly.

The day before, during the debate on the bill’s passage, Bélanger had announced the creation of a working group “to support the implementation and evaluation of the law’s effects.”

This working group will consist of representatives from industry and the retail sector, as well as a representative appointed by the provincial health authority, Direction nationale de santé publique, she specified.

It will also be consulted prior to any regulatory amendments.

“Quebec is demonstrating leadership by becoming the first Canadian jurisdiction to propose banning the sale of energy drinks to (…) those under 16,” the minister said.

“We believe it’s better to take preventive action when young people’s health is at stake,” she added.

Bélanger made a point of extending special thanks to Zachary’s parents, David Miron and Veronica Martinez, for having “raised real awareness (…) in Quebec.”

“Their determination and courage will help prevent other tragedies,” she said.

In an unusual move, Carl Goyette, president and CEO of beverage manufacturer Guru, took advantage of his appearance at a conference with financial analysts on Thursday to welcome the passage of Bill 9.

“We support it,” said Mr. Goyette. “This isn’t new. I first raised this issue back in 2019.”

“Energy drinks should not be marketed to children. They should not be mixed with stimulants like ADHD medication or with alcohol,” he added.

Furthermore, the executive does not expect the new law to have a significant impact on the company’s financial results. He states that minors have never been part of the company’s target customer base.

“We have never marketed to minors. Our brand, our formula, and our business strategy are designed for adults.”

Some bills passed, others scrapped

In addition to Bill 9, lawmakers passed Bill 10 by Simon Jolin-Barrette (resale of event tickets) and Bill 11 by Samuel Poulin (regulatory relief for businesses) on Thursday.

However, other bills were shelved due to a lack of time to complete their review.

This was the case for Bill 5, introduced by Eric Girard, which was intended to accelerate major projects in Quebec, and Bill 1, introduced by Jolin-Barrette, which would have established a Quebec Constitution.

The legislative session ends on Friday, after which Quebec will be plunged into an election campaign starting in late August. The election will take place on Oct. 5.

–This report by La Presse Canadienne was translated by CityNews