'You are responsible': CFIA issues notice to retailers following several caffeinated energy drink recalls

After a series of recalls for several types of caffeinated energy drinks, the Canadian Food Inspection Agency (CFIA) put out a public notice on Tuesday reminding importers, retailers and online vendors that they are responsible for adhering to Canada's requirements regarding caffeine levels in beverages they sell.

According to the CFIA notice posted to the government's website, caffeinated energy drinks may "not contain more than 180 mg of caffeine in a single serving container and carry the cautionary statements required."

"This is a reminder that you are responsible to ensure the (caffeinated energy drinks) you manufacture, import, or distribute meet Canadian requirements," the CFIA said in its notice.

"Vulnerable populations, such as children, breastfeeding and pregnant people, or individuals sensitive to caffeine, can have adverse health effects if they drink these products. Negative health effects are also expected if other people overconsume these products. They rely on and trust that industry will not sell them products that do not meet Canada's food safety standards. If you sell a product that does not meet these standards, it can end up being consumed by someone who is vulnerable and could harm them."

The Canadian Beverage Association says safety is a top priority for all of its members.

"All products sold by our members in Canada follow Health Canada regulations," Krista Scaldwell, Canadian Bevrage Association president, told CTVNews.ca. "We know individuals may import other products and circumnavigate standard food labelling and approval processes. We support the recall of these products."

The agency adds it will be conducting inspections to ensure the proper requirements are followed and may take regulatory action if rule-breakers are found. Penalties can include product seizure and detention, licence suspension, administrative monetary fines or prosecution.

The CFIA says if you import energy drinks, make sure you meet the requirements in the Temporary Marketing Authorization Letter (TMAL) from Health Canada or if you don’t have TMAL, make sure your products meet regulation requirements at the time of import.

If you are a distributor of energy drinks, the CFIA says make sure your products meet regulation requirements before distributing further.

The agency adds Safe Food for Canadians Regulations licence holders must still notify the CFIA if their food presents a risk of injury to human health.