Notice of Intent to Modify the List of Permitted Food Additives with Other Accepted Uses to Revise the Use of Caffeine and Caffeine Citrate in Cola Type Beverages

Reference Number: NOI/ADI-0004
July 21, 2022

Purpose

The purpose of this notice is to inform Canadians, regulated parties and other stakeholders of Health Canada’s intent, as a consequence of the regulatory framework for the sale of supplemented foods in Canada, to modify the List of Permitted Food Additives with Other Accepted Uses to lower the level of caffeine and caffeine citrate permitted in cola type beverages from 200 parts per million (ppm) to 150 ppm.

Background

In Canada, food additives are regulated by both the Food and Drug Regulations (FDR) and Marketing Authorizations (MAs) issued by the Minister of Health. Approved food additives and their permitted conditions of use are set out in the 15 Lists of Permitted Food Additives that are incorporated by reference in the corresponding 15 MAs and published on the Canada.ca website.

Permitted uses of caffeine and caffeine citrate as a food additive in carbonated beverages appear in the List of Permitted Food Additives with Other Accepted Uses. Specifically, caffeine and caffeine citrate are currently permitted in cola type beverages and non-alcoholic carbonated water-based flavoured and sweetened beverages other than cola type beverages at maximum levels of 200 ppm and 150 ppm, respectively.

Health Canada published the Regulations Amending the Food and Drug Regulations and the Cannabis Regulations (Supplemented Foods) in the Canada Gazette, Part II, creating a regulatory framework for the sale of supplemented foods in Canada. Under the Supplemented Foods regulations, the addition of caffeine or caffeine citrate to foods other than carbonated beverages, or to carbonated beverages at levels greater than 150 ppm, will be managed as a supplemental ingredient, not as a food additive.

Health Canada intends to modify the List of Permitted Food Additives with Other Accepted Uses as set out in the table below on January 1, 2026.

Modifications to the List of Permitted Food Additives with Other Accepted Uses

Item No.	Column 1 Additive	Column 2 Permitted in or Upon	Column 3 Purpose of use	Column 4 Maximum Level of Use and Other Conditions
C.1	Caffeine	Cola type beverages; Non-alcoholic carbonated water-based flavoured and sweetened beverages other than cola type beverages	To characterize the product	When used singly or in combination with caffeine citrate, 150 p.p.m., calculated as caffeine, in the finished product
C.2.	Caffeine Citrate	Cola type beverages; Non-alcoholic carbonated water-based flavoured and sweetened beverages other than cola type beverages	To characterize the product	When used singly or in combination with caffeine, 150 p.p.m., calculated as caffeine, in the finished product

Rationale

Health Canada published the Regulations Amending the Food and Drug Regulations and the Cannabis Regulations (Supplemented Foods) in the Canada Gazette, Part II creating a regulatory framework for the sale of supplemented foods in Canada. As part for of this new regulatory framework, Health Canada intends to modify on January 1, 2026 the List of Permitted Food Additives with Other Accepted Uses to lower the level of caffeine and caffeine citrate currently permitted in cola type beverages as a food additive from 200 ppm to 150 ppm.

Implementation and Enforcement

The changes set out in the table above will be effective the day on which it is published in the List of Permitted Food Additives with Other Accepted Uses. This will be announced via a Notice of Modification that will be published on the Government of Canada’s website.

It is Health Canada’s intent to modify the List of Permitted Food Additives with Other Accepted Uses on January 1, 2026 to align with the end of the transition period for the Supplemented Food Regulations. This alignment is intended to minimize costs to industry who may need to reformulate their cola type beverages should they wish to use caffeine or caffeine citrate as food additive, not as a supplemental ingredient.

The Canadian Food Inspection Agency is responsible for the enforcement of the Food and Drugs Act and its associated regulations with respect to foods.

Contact Information

For additional information or to submit comments related to this Notice of Intent, please contact:

Bureau of Chemical Safety, Food Directorate
251 Sir Frederick Banting Driveway
Tunney’s Pasture, PL: 2202C
Ottawa, Ontario K1A 0K9
E-mail: bcs-bipc@hc-sc.gc.ca

If communicating by e-mail, please use the words “Caffeine (NOI-0004)” in the subject line of your e-mail.