[Updated] Health Canada Proposes to Change the Use of Caffeine as a Supplemental Ingredient

(1) Non-carbonated water-based beverages, belonging to the category listed in item 1 of the List of Permitted Supplemented Food Categories, excluding those represented

a. for physical performance;

b. for hydration or electrolyte replacement;

c. as flavoured water or flavoured sweetened water

(1) 150 p.p.m. in the beverage (expressed in mg on the label)

(1) None specified

(1)

(a) Products require the statement "contains caffeine" on the principal display panel of the label, written with minimum type height of 3.2mm based on the height of lower case letter "x"

(b) Products must not:

contain, singly or in combination, 25% or more juice, purée, pulp or nectar, as consumed;

include the word "juice", "purée", "pulp" or "nectar" on the label other than as required in the list of ingredients

(2) Foods belonging to the category listed in item 1 of the List of Permitted Supplemented Food Categories, containing added caffeine and a total amount of caffeine from all sources of more than 150 p.p.m., excluding concentrates and those represented

a. for physical performance;

b. for hydration or electrolyte replacement;

c. as flavoured water or flavoured sweetened water

(2) 400 p.p.m. in the beverage (expressed in mg on the label)

Beverages as consumed must not contain more than 180 mg

(2)

(a) All products require the cautionary statement: "Not recommended for those under 14 years old, pregnant or breastfeeding women or individuals sensitive to caffeine"

(b) If the amount of caffeine declared on the label is more than 79 mg per serving, the following additional cautionary statement is required: "Do not [eat/drink] more than X serving(s) per day", where X is a number of servings that provides an amount of caffeine, based on the amount declared on the label, that does not exceed 400 mg

(2)

(a) Products require the statement "high caffeine content" on the label

(b) Products must not:

i. contain, singly or in combination, 25% or more fruit and/or vegetable juice, purée, pulp or nectar, as consumed;

ii. include the word "juice", "purée" "pulp" or "nectar" on the label other than as required in the list of ingredients

(3) Protein-isolate- and cereal-based bars belonging to the category listed in item 5 of the List of Permitted Supplemented Food Categories

(3) 56 mg

(3) None specified

(3)

(a) Servings or portions thereof shall be individually wrapped or sealed

(b) Products require the statement "contains caffeine" on the principal display panel of the label, written with minimum type height of 1.6 mm or 3.2 mm based on the height of lower case letter "x", for packages with principal display surface areas of 32 cm² or ess, or more than 32 cm² and up to 258 cm², respectively

(4) Protein-isolate- and cereal-based bars belonging to the category listed in item 5 of the List of Permitted Supplemented Food Categories containing added caffeine and a total amount of caffeine from all sources of more than 56 mg, excluding those represented for physical performance

(4) 70 mg

(4) (a) All products require the following cautionary statements: i. "Not recommended for those under 14 years old, pregnant or breastfeeding women or individuals sensitive to caffeine"; and

ii. "Do not [eat/drink] on the same day as any other source of caffeine"

(4)

(a) Servings or portions thereof shall be individually wrapped or sealed

(b) Products require the statement "high caffeine content" on the label

(5) Chocolate confectioneries, sweet chocolate confectioneries, and milk chocolate confectioneries belonging to the category listed in item 7 of the List of Permitted Supplemented Food Categories

(5) 56 mg

(5) None specified

(5)

(a) Servings or portions thereof shall be individually wrapped or sealed

(b) The total amount of caffeine in an entire multiple-serving prepackaged product must not exceed 400 mg

(c) Products require the statement "contains caffeine" on the principal display panel of the label, written with minimum type height of 1.6 mm or 3.2 mm based on the height of lower case letter "x", for packages with principal display surface areas of 32 cm² or less, or more than 32 and up to 258 cm², respectively

(6) Chocolate confectioneries, sweet chocolate confectioneries, and milk chocolate confectioneries belonging to the category listed in item 7 of the List of Permitted Supplemented Food Categories containing added caffeine and a total amount of caffeine from all sources of more than 56 mg, excluding those represented for physical performance

(6) 100 mg

(6)

(a) All products require the following cautionary statements: i. "Not recommended for those under 14 years old, pregnant or breastfeeding women or individuals sensitive to caffeine"; and

ii. "Do not [eat/drink] on the same day as any other source of caffeine"

(b) If the amount of caffeine declared on the label is, more than 79 mg per serving the following additional cautionary statement is required: "Do not [eat/drink] more than X serving(s) per day", where X is a number of servings that provides a daily amount of caffeine, based on the amount declared on the label, that does not exceed 400 mg

(6)

(a) Servings or portions thereof shall be individually wrapped or sealed

(b) The total amount of caffeine in an entire multiple-serving prepackaged product must not exceed 400 mg

(c) Products require the statement "high caffeine content" on the label

(7) Foods belonging to the category listed in item 8 of the List of Permitted Supplemented Food Categories

(7) 50 mg

(7)

(a) If the amount of caffeine per serving declared on the label multiplied by the total number of servings in a multiple-serving prepackaged product is more than 56 mg, the following cautionary statements are required: i. "Not recommended for those under 14 years old, pregnant or breastfeeding women or individuals sensitive to caffeine"; and

ii. "Do not [eat/drink] on the same day as any other source of caffeine"

(7)

(a) Servings or portions thereof shall be individually wrapped or sealed

(b) The total amount of caffeine in an entire multiple-serving prepackaged product must not exceed 400 mg

(c) Products require the statement "contains caffeine" on the principal display panel of the label, written with minimum type height of 1.6 mm or 3.2 mm based on the height of lower case letter "x", for packages with principal display surface areas of 32 cm² or less, or more than 32 and up to 258 cm², respectively

(8) Foods belonging to the category listed in item 6 of the List of Permitted Supplemented Food Categories

(8) 56 mg

(8) None specified

(8)

(a) Servings or portions thereof shall be individually wrapped or sealed

(b) The total amount of caffeine in an entire multiple-serving prepackaged product must not exceed 400 mg

(c) Products require the statement "contains caffeine" on the principal display panel of the label, written with minimum type height of 1.6 mm or 3.2 mm based on the height of lower case letter "x", for packages with principal display surface areas of 32 cm² or less, or more than 32 and up to 258 cm², respectively

(9) Foods belonging to the category listed in item 6 of the List of Permitted Supplemented Food Categories containing added caffeine and a total amount of caffeine from all sources of more than 56 mg, excluding those represented for physical performance

(9) 100 mg

(9)

(a) All products require the following cautionary statements:

i. "Not recommended for those under 14 years old, pregnant or breastfeeding women or individuals sensitive to caffeine"; and

ii. "Do not [eat/drink] on the same day as any other source of caffeine"

(b) If the amount of caffeine declared on the label is more than 79 mg per serving, the following additional cautionary statement is required: "Do not [eat/drink] more than X serving(s) per day", where X is a number of servings that provides a daily amount of caffeine, based on the amount declared on the label, that does not exceed 400 mg

(9)

(a) Servings or portions thereof shall be individually wrapped or sealed

(b) The total amount of caffeine in an entire multiple-serving prepackaged product must not exceed 400 mg

(c) Products require the statement "high caffeine content" on the label

Maximum amounts and units per serving of stated size

200 mg silymarin

Cautionary statements required on the label

(a) All products containing milk thistle seed extract (silymarin) require the cautionary statements:

• "For Adults only (18 years of age or older)";

• "Not recommended for pregnant or breastfeeding women";

• "Do not [eat/drink] on the same day as any other supplemented foods or supplements with [the same supplemental ingredients/(name specific ingredients)]";

• "Not recommended for individuals with allergy to plants in the aster family".

(b) If the amount of silymarin declared on the label is more than 120 mg per serving, the following additional cautionary statement is required:

"Do not eat/drink more than X container(s)/serving(s) daily", where X is a number of servings that provides a daily amount of silymarin, based on the amount declared on the label, that does not exceed 600 mg.

Others

Milk thistle seed extract (silymarin) is a dry extract, fluid extract, tincture, decoction, or infusion of Silybum marianum (L.) Gaertn. seeds and:

a. must be obtained using an extraction solvent used in accordance with the List of Permitted Carrier or Extraction Solvents or water; and

b. must contain at least 65% silymarin; and

c. must not contain more than 80% silymarin.

The amount in milligrams of silymarin from milk thistle seed extract must be declared under the "Supplemented with" heading in the Supplemented Food Facts table.

Maximum amounts and units per serving of stated size

100 mg oligomeric pro-anthocyanidins

Cautionary statements required on the label

(a) All products containing grape seed extract (oligomeric proanthocyanidins) require the cautionary statements:

• "For Adults only (18 years of age or older)";

• "Not recommended for pregnant or breastfeeding women";

• "Do not [eat/drink] on the same day as any other supplemented foods or supplements with [the same supplemental ingredients/(name specific ingredients)]".

(b) If the amount of oligomeric proanthocyanidins declared on the label is more than 20 mg per serving, the following additional cautionary statement is required:

"Do not eat/drink more than X container(s)/serving(s) daily", where X is a number of servings that provides a daily amount of oligomeric proanthocyanidins, based on the amount declared on the label, that does not exceed 100 mg.

Others

Grape seed extract (oligomeric proanthocyanidins) is a dry extract, fluid extract, tincture, decoction, or infusion of Vitis vinifera L seeds. and:

a. must be obtained using an extraction solvent used in accordance with the List of Permitted Carrier or Extraction Solvents or water; and

b. must contain at least 70% oligomeric proanthocyanidins; and

c. must not contain more than 90% oligomeric proanthocyanidins.

The amount in milligrams of oligomeric proanthocyanidins from grape seed extract must be declared under the "Supplemented with" heading in the Supplemented Food Facts table.