Hansard

I begin by thanking colleagues from across the chamber for supporting my motion and allowing the debate to take place. That support reflects the genuine interest that there is in halting the sale of energy drinks to under-16s, and the recognition of the negative impact upon young people of consuming such liquids.

Like other members, for some years now, I have been aware of a desire—and a need—to restrict the sale of highly caffeinated energy drinks to minors. My own interest goes back to 2015, when the campaign group, responsible retailing of energy drinks, brought its concerns to Parliament. If memory serves, our former colleague Sarah Boyack facilitated an event for the group.

I had already heard anecdotal evidence about the impact of consumption on secondary school pupils in my constituency of Angus South. Although secondary schools in Angus operated in line with 2014 Scottish Government guidance to disallow the sale of energy drinks on school premises, I heard from teacher friends about pupils heading off campus during their lunch breaks, consuming energy drinks and returning to disrupt afternoon classes. Offering a perspective on the problem, one teacher told me that it was bad enough when one 15-year-old boy was playing up—imagine what it is like trying to control and teach a class when there are two or three.

Three years on, I am delighted to see the growing recognition of the problem that energy drinks pose when they are consumed by youngsters. That understanding has been assisted by The Courier newspaper’s can it campaign, and Scotland’s major supermarkets voluntarily restricting the sale of energy drinks to those who are aged over 16.

This week, I heard from a headteacher about the significance of the problem that remains in our schools. He noted that the only way to describe one pupil he encountered recently after she had consumed some energy drinks was that she was like “a wild animal”.

A few months ago, following announcements from Asda, Sainsbury’s, Morrisons, Aldi and Waitrose that they were voluntarily ceasing sales to under-16s, I wrote to the other large supermarkets and urged them to follow that lead. I was pleased to receive responses from all those business revealing that they would be doing so. Poundland, Boots and W H Smith have also embraced the approach. That is a positive step in the right direction and I hope that we can all welcome it tonight.

Supermarkets tend to attract a deal of criticism—it is often merited, it should be said. However, when they prove themselves capable of responsible retailing, we ought to give them credit where it is due.

Just as important as the restrictions that have been introduced by our larger stores was the decision of the National Federation of Retail Newsagents to encourage their members to follow suit. The Federation’s 1,500 independent Scottish retailers are now strongly encouraged to introduce the voluntary restrictive measures. The measures that have been adopted by supermarkets and the NFRN should help to reduce the negative effects of energy drinks on our schools, not to mention on the health of our youngsters.

Growing public concern about the health perspective of the issue is well founded. In 2016, the British Medical Journal published a report that covers 400 studies of the consumption of energy drinks among 11 to 18-year-olds. The BMJ’s report found strong links between young people’s consumption of energy drinks and a higher risk of the symptoms of poor health, such as headaches, stomachaches, hyperactivity and insomnia. Similarly, in 2014, researchers from the World Health Organization created a narrative on the current literature on the health risks of energy drink consumption. Their work agreed that there is

“a proven negative effect of caffeine on children”.

and that there is

“the potential for a significant public health problem”.

The WHO researchers also agreed that public concern was “broadly valid” and recommended the restriction of energy drinks sales to adolescents.

Following a further report that was published by the European Food Safety Authority in 2013, which found that 68 per cent of adolescents regularly consumed energy drinks, with an average intake of 7 litres a month, the European Union’s Commissioner for Health and Food Safety at the time made it clear that he would consider a move to ban sales to minors. That was the first time that data had been collected at the European level to track consumption among children and adolescents.

On the back of those findings, Lithuania became the first EU nation to ban the sale of energy drinks to minors, with Latvia imposing similar measures soon after. However, it should be recognised that successful legal challenges have been mounted elsewhere when bans were introduced, such as in France.

The celebrity chef, Jamie Oliver, is campaigning for such a move to be made UK-wide. A few weeks back, he wrote to me, having heard suggestions that I might be minded to introduce a member’s bill to that effect in Scotland. Given the momentum behind retailers and other businesses taking voluntary measures—I understand that the Odeon cinema group and the petrol station chain Shell have also ceased selling energy drinks to under-16s—I am not inclined to do that at this time.

We should take time to consider the challenges that legal restrictions on the sale of energy drinks to under-16s could encounter, as well as the potential benefits—not to mention the extent to which voluntary action might actually get us where we need to go. Sitting alongside that action, we should all engage with other retailers and businesses that sell such liquids to the under-16s and seek to cajole, persuade and encourage them to follow where others have already chosen to go. Would it not be great if we could reach our destination without the need for legislation?

I believe that there is an accompanying role for Government in further raising awareness of the detrimental health impacts of under-16s consuming energy drinks and in targeting the youthful consumers, their parents and those selling the products who have not yet seen the light, as it were. The forthcoming obesity strategy might offer a platform for doing that and for providing guidance to retailers on the issue.

The consumption of energy drinks crosses a number of health areas. Today in Scotland, 29 per cent of children are obese or overweight and almost a third of our primary school children have obvious dental decay. Restricting the sale of energy drinks—which are not only high in caffeine but, in many cases, rammed full of sugar—to Scotland’s young people can play a part in establishing a healthier diet for the future of our nation.

Given the substantial public and media interest in the issue—even if the co-operation of retailers means that the introduction of a ban is ultimately judged to be unnecessary—I do not believe that the problem will go away any time soon. As I said, I think that, away from any longer-term legislative solutions, there is a role for politicians in highlighting the issue and encouraging other retailers to self-restrain.

We can also engage with our local authorities and their arm’s-length leisure organisations to ensure that they do not allow access to energy drinks. I know that some have taken appropriate action, but there is no harm in checking the extent to which that is the case. Further, we might need to encourage the supermarkets that have taken the right policy decision to ensure that that is filtering through to the store level. Just yesterday, I was told of a supermarket store in Edinburgh where sales to under-16s may still be going on.

That said, I am hopeful about the matter. Awareness and understanding of the issue is growing, and supermarkets and others have shown a welcome responsibility. Our takeaway from tonight should be that we should spread the word and find ways of encouraging others to follow suit.