This week we’ve heard about Labour’s plans to ban energy drinks for under-16s. This got me feeling all nostalgic because we discussed this a lot around the time Theresa May’s government announced this policy a few years back... but then never implemented it. Governments in Scotland and Wales have similarly announced an intention to ban sales of energy drinks but also not implemented it. Maybe a Labour government would actually do this, and if so what would that mean for local shops?

We polled members in 2022 and found that of those who sell energy drinks, 80% of retailers already have a voluntary policy in place to not sell energy drinks to under-16s (which is the age below which manufacturers recommend their products shouldn’t be consumed), and these policies are often driven by consultation with local headteachers. We have guidance available on how to consider these policies. I therefore think the practical and commercial impact on our members would be limited, certainly not irrelevant but not in itself a threat to their viability.

I do have concerns though, which are procedural and deeply unsexy but I think very important. How is this policy going to be enforced? Trading standards departments are creaking under the weight of all the rules they already have to enforce, with a host of new rules on the sale of vapes due soon with a budget (£10m) which according to research we commissioned is less than a third of what's needed. How much more will be needed to enforce age-restrictions on energy drinks for England's 40,000 convenience stores plus the many supermarkets, kiosks and other outlets selling these products? Assured advice programmes, including ACS’ own guidance which is widely regarded as best-in-class, can help make enforcement more efficient, but fundamentally you need people on the ground to enforce regulations and we need to stop pretending that there are anywhere near enough of them.

I work in public affairs and I get how communications work, especially around an election.  I do hope that the next government, perhaps with the space granted them by a large majority, might start thinking about public health policies by asking how they can be enforced rather than what sounds impactful or tough. And that they might commit to properly funding the enforcement officers who are the ones who translate policy from a TV studio to the high street.