These changes were part of the FSANZ’s approval of the caffeine review proposal P1056.
The regulator has approved an alternative warning statement that includes breastfeeding women as individuals who are unsuitable to consume such products.
Previously, only the warning “Not suitable for children under 15 years of age or pregnant women: Should only be used under medical or dietetic supervision” is required to be printed on FSSP containing caffeine.
The alternative warning reads “Not suitable for children under 15 years of age or pregnant or breastfeeding women: Should only be used under medical or dietetic supervision.”
Unlike the existing warning, the newly approved alternative warning is not required for FSSF that does not contain caffeine or contains caffeine only from chocolate, cocoa, decaffeinated tea and/or decaffeinated coffee - including instant versions.
The FSANZ began reviewing caffeine limits and warning labels in FSSF in 2023, in response to the increasing uptake of such products beyond athletes to include the general population.
In its approval report, the FSANZ explained that the inclusion of breastfeeding women in the warning statement is based on evidence that a portion of caffeine circulating in the bloodstream enters breast milk and there is insufficient data to establish a health-based guidance value for breastfed infants for caffeine consumed via breastmilk.
In addition, the regulator requires FSSF containing caffeine to include the advisory statement “contains caffeine” on the product label.
The advisory statement is added as caffeine is consumed among different population groups.
“Given the risks associated with the consumption of caffeine for different population groups, it is important that consumers are alerted to the presence of caffeine in FSSF via the advisory statement,” the FSANZ wrote in the approval report.
It added that the requirement to add this advisory statement is consistent with the current requirement for 36 other foods with specific permission to contain added caffeine, such as cola-type beverages, formulated caffeinated beverages and foods containing guarana or extracts of guarana.
The above changes will be gazetted and food businesses will have two years to comply, if food ministers from both Australia and New Zealand do not request a review of the approved proposal.
Caffeine at 200mg maximum per day
As brought up in its proposal back in 2023, the FSANZ has maintained that caffeine will be permitted in FSSF within defined limits, including a maximum one-day quantity of 200 mg and this would include caffeine from any source.
The regulator said that this limit was largely supported, as seen from the public consultation response.
“Submitters commented that the proposed approach was supported by the ergogenic benefit and safety evidence, provided clarity for industry and enforcement, and would reduce the risk of overconsumption of caffeine,” the FSANZ wrote.
In addition, an FSSF must not contain caffeine at a concentration of 5% or more if it is in powdered form and 1% or more if it is in a liquid form.
Aside from FSSF, the FSANZ is also prohibiting the retail sale of caffeine and guarana extract, unless expressly permitted by the Australia New Zealand Food Standards Code.
High caffeine coffee beverages would also need to declare in the nutrition information panel (NIP) the average quantity of caffeine per serving, as expressed in milligrams.
