Sharon Keogan (Independent)

I move: "That the Bill be now read a Second Time."

The Minister of State and fellow Senators are very welcome to the House this afternoon. It is with a strong sense of responsibility and urgency that I introduce the Public Health (Restriction on Sale of Stimulant Drinks to Children) Bill 2025. This legislation is born out of concern for the welfare of our children and young people who are increasingly consuming high-caffeine and stimulant-laden energy drinks, products that are not designed for growing bodies or developing minds. While marketed in flashy cans and trendy branding, the contents of these drinks have serious physiological implications. Let us begin by looking at the facts. Many energy drinks are defined by their extremely high sugar content. While the Government introduced sugar tax legislation to reduce the sale of high sugar drinks, it is apparent that this has not yet had the desired effect.

Some 80% of the energy drinks market in Ireland is controlled by three brands. Of these, two have not altered their sugar content, meaning that today many, if not most, energy drinks still contain up to three times a child's daily recommended sugar intake in one serving. In 2019, a Safefood Ireland survey found some brands contained up to 17 tsps of sugar in a single bottle. Another Safefood Ireland survey found that the standard 250 ml energy drink contained the caffeine content of five cans of cola.

What is concerning about these figures is that we know from extensive studies that these drinks do damage to young people's health. Energy drink consumption among adolescents is linked to higher BMI and increased obesity risk. A US study of 1,737 teens found that the consumers of energy drinks had significantly higher BMI. In Ireland, children consuming more thqan 200 ml a day of sugary drinks had an 80% likelihood of being overweight or obese, leading to significant health complications throughout life.

There are clear negative impacts on mental health such as seen in the classroom. In one US study, adolescents who consumed energy drinks were found to be 66% more likely to exhibit hyperactive activity and inattention. The Irish Heart Foundation representatives who are here today say teachers have reported to them that the increased consumption of energy drinks affects young people's mood, well-being and behaviour and causes significant problems at school level.

A significant 2020 study, Energy Drinks and Their Adverse Health Effects: A Systematic Review and Meta-analysis, found that among adolescents who use energy drinks, 17.5% experienced palpitations, 19.6% reported chest pains and 12.5% had tachycardia, that is, an elevated heart rate. The same review found 20.9% of the adolescents surveyed reported headaches, 10% had experienced dizziness and 8.1% had tremors. It also reported that 35.4% of adolescents consuming energy drinks reported insomnia or sleep-related issues. I should not have to emphasise how important sleep is for teenagers and healthy development.

Last year, there were calls in Ireland from a Mater Hospital cardiologist to ban the sale of energy drinks to minors after two young men suffered cardiac arrest due to overconsumption. In multiple studies in the US and the EU, energy drink consumption has been linked to longer QTc intervals, meaning a higher likelihood of palpitations or fatal irregular heartbeats.

What is exceptionally worrying is that while we are debating whether to take action, the trend clearly shows that consumption and consequences are on the rise. A US study that analysed 223 million emergency department visits by young people between 2017 and 2023 revealed that hospital visits for caffeine overdose among teenagers doubled during this time. America's poisons centre likewise found that between 2022 and 2023 there was 24.2% increase in calls related to paediatric exposure to energy drinks. Even more worrying, children aged six to 12 experienced the highest spike cases, which doubled from 11% in 2020 to 20% in 2023.

In Ireland, the intolerably high level of energy drink consumption among young people has been well documented. The European Food Safety Authority research has found that at least 68% of those aged ten to 18 were regular consumers of energy drinks. Euromonitor International found that, on average, Irish people buy 5.5 l of such drinks per person, making us the seventh highest energy drink consumers on earth. What is alarming is that among young people aged between ten and 18, 12% identified as high chronic consumers, that is, they consumed the equivalent of a can of Red Bull a day.This additional 12% were identified as high acute consumers who consume the equivalent of more than four cans in a single session. That is approximately one in five Irish children and teenagers. Given everything we know about the harmful effects of energy drinks and the alarming scale of the consumption among minors, it is imperative that any sane society and government act quickly, yet these drinks are sold freely to minors without regulation. This Bill seeks to address that legislative gap.

I will walk through the Bill section by section. Section 1, interpretation, defines key terms such as "stimulant drink", "sale", "retail business" and "authorised officer" to ensure consistent application of the Bill.

Section 2 empowers the Minister for Health to make regulations necessary to implement the Act to adopt new public health data or industry practices.

Section 3 outlines three goals: ban sales to under-18s, restrict advertising to minors and require health warnings. It excludes parental provision to their own children from these prohibitions. We are regulating business, not parenting.

Section 4, prohibition of sale to minors, makes it an offence to sell to under-18s with a defence for retailers who verify age with ID, like tobacco and alcohol laws.

Sections 5 and 6 ban sales from vending machines accessible to minors and require staff to verify age at self-checkout , with no exceptions, as well as covering online and remote sales, deeming the sale location to be the point of dispatch to ensure Irish-based sellers are accountable.

Section 7, restriction on advertising, bans advertising to children, especially near schools and youth venues and on media platforms aimed at minors. This is particularly important as junk food advertised and targeted at minors remains an unaddressed epidemic in our country. Energy drinks are targeted towards young people through unconventional new media advertising methods such as promotions by online influencers.

Section 8 calls for warning signs on product packaging. Manufacturers must make clear health warnings to inform consumers, especially young people, of potential risks.

Section 9 continues to require retailers to display warnings at physical and online points of sale, including websites and social media.

Section 10 authorises the HSE to appoint officers to oversee compliance.

Section 11 outlines the powers of the authorised officers including inspection of premises, seizure of records and taking of samples with safeguards for private dwellings.

Section 12 allows supervised test purchases by minors with full consent and safeguards to ensure retailer compliance.

Sections 13 to 16, inclusive, outline the system of penalties and compliance. Section 13 permits fixed penalties for selling to minors, advertising breaches or failures to display warnings. Section 14 outlines how official documents may be served to individuals and businesses. Section 15 details penalties for breaches including fines and potential custodial sentences. Finally, section 16 allows the courts to require offenders to pay the HSE investigation and enforcement costs.

Section 17, expenses, allows the Minister to cover costs associated with implementing this Act.

As per section 18, the Short Title and commencement, the Act will come into force within six months of enactment or earlier if the Minister decides.

This Bill is not about demonising drink or limiting personal freedom. It is about protecting children from aggressive marketing and harmful substances. It is not a radical idea. Countries across the world are acting on this issue. France, Lithuania, Latvia, Poland and Hungary have all implemented restrictions. In addition, we must consider the fact that businesses in Ireland such as Boots and Aldi are already banning energy drink sales to under-16s by themselves. We would be naive to assume this is purely out of goodwill. These corporations likely see the significant potential legal risk and liabilities in selling energy drinks to minors. We have an obligation as lawmakers and adults to ensure the commercial environment our children grow up in values their health over corporate profits. Before I conclude, I would like to express my deep and unending gratitude to all who have helped brings this Bill to creation and onto the floor today. This of course includes all those Senators who were good enough to cosign and second the Bill. I also thank those who consulted with me during the early stages of the Bill, especially the teams and representatives from the Irish Heart Foundation, Safefood Ireland, Children's Rights Alliance, Irish National Teachers Organisation, INTO, and Diabetes Ireland. Of course, no Bill can be allowed to pass without mentioning the wonderful support staff that we have in the Oireachtas. I am referring to the wonderful Library and Research Service, our indispensable drafting service and Bills Office, without whom there would have been no making of this Bill a legal reality. I commend the Bill to the House. I ask for support as it progresses through its Stages