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On March 4, 2025, the Food Standards Australia New Zealand (FSANZ) released a second call for submissions regarding its proposal to review permissions for caffeine in sports foods and the general food supply. FSANZ has proposed a 24-month transition period, during which food products may comply with either the current Code or the amended version once finalized. Any feedback can be submitted prior to April 15, 2025.
Key Proposed Changes
1. The draft expressly prohibits the retail sale of caffeine as a food
Under the current Code, caffeine is allowed up to 5% in solid or semi-solid foods and 1% in liquid foods unless expressly permitted. The new proposal prohibits the retail sale of caffeine as a food unless expressly permitted by the Code. It also prohibits a food for retail sale from containing caffeine as an ingredient or component unless expressly permitted by the Code.
Current Code | Proposed Code |
Unless expressly permitted by the Code, food for retail sale must not contain caffeine at concentrations exceeding specified limits:
| Unless expressly permitted by the Code, food for retail sale must not contain caffeine. Unless expressly permitted by the Code, food for retail sale must not include caffeine as an ingredient or component. |
2. The draft expressly permits formulated supplementary sports food (FSSF) to contain caffeine within a defined threshold.
FSSF must not contain total caffeine up to 200 mg in a one-day quantity from any source.
The draft prohibits caffeine in powdered FSSF at concentrations of 5% or more and in liquid FSSF at 1% or more.
3. The draft sets new labeling and packaging requirements for FSSF containing caffeine.
Warning label: If the FSSF contains caffeine, it should bear the warning statement of ‘Not suitable for children under 15 years of age, or pregnant or breastfeeding women: Should only be used under medical or dietetic supervision’
Nutrition Information Panel (NIP): The NIP must list the average caffeine content per serving and per unit quantity. This information must be set out in the NIP below the information about sodium, and above the information about any other nutrient or biologically active substance.
Packaging requirements: For FSSF containing more than 200 mg of caffeine in total, additional packaging requirements apply. If such products are sold in packaging that includes individual portions, each portion must meet the following criteria: it must be in a solid or semi-solid form (excluding powders), not intended for individual sale, and not require further preparation before consumption. Examples include chewable tablets or dissolvable strips. Each portion must be separately packaged to ensure proper portion control and regulatory compliance.
Mandatory advisory statement: Products must clearly indicate the presence of caffeine with the label "contains caffeine." This requirement is mandatory and does not qualify as a nutrition content claim.
Food | Advisory statement indicating that … |
A formulated supplementary sports food that contains caffeine | the food contains caffeine. |
4. Certain foods remain unaffected by proposed requirements.
Naturally occurring caffeine in foods such as coffee, tea, and chocolate remains unaffected unless subject to novel food provisions. Current regulations for caffeine in cola-type beverages and formulated caffeinated beverages (FCBs) will remain unchanged. Businesses may still apply for explicit permission to use caffeine in retail foods through FSANZ’s existing regulatory process.
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