Quebec has become the first jurisdiction in North America to restrict access to caffeinated energy drinks — to people under 16, in this case.
Bill 9, which imposed age-based restrictions on the purchase of energy drinks, was adopted in the National Assembly Thusday morning.
The new law will come into effect in six months.
It passed with the backing of 103 MNAs. Only the Independent MNA for Saint-Jérôme, Youri Chassin, voted against the bill, while Conservative Maïté Blanchette Vézina and Independent Sona Lakhoyan Olivier abstained.
Quebec Health Minister Sonia Bélanger told reporters on Thursday that the new legislation is a “good start” and helped open up discussions around issues like sugary drinks for teenagers.
“What’s important is that we were able to make a decision to protect youth under 16,” Bélanger said.
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The bill defines energy drinks as beverages that contain 150 milligrams of caffeine per litre or more along with other additives such as taurine, vitamins or minerals.
Under the legislation, selling or giving an energy drink to anyone under 16 would be prohibited. It would also be illegal for someone 16 or older to purchase an energy drink on behalf of a person under 16.
Customers would have to show government-issued photo identification to buy the beverages. Online sales and sales through vending machines would also be prohibited. Inspectors would be authorized to conduct compliance checks.
A person under 16 who violates the law could face a $100 fine. Adults could be fined between $500 and $1,500.
For businesses, fines could reach $62,500. In all cases, penalties could be doubled for repeat offences.
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The bill, dubbed the “Zachary Miron Act,” came about after 15-year-old Miron died from drinking a can of Red Bull in combination with ADHD medication in 2024.
Quebec’s legislature is currently in the process of passing a slew of bills before the parliamentary session ends on Friday. This is the last session before the provincial election scheduled for October.
Chassin, the MNA who voted against the bill, was initially opposed to supporting its fast-tracking — a process that requires unanimity across the board — but changed his mind on Wednesday.
He had previously said that although the bill is well-intended, he thought restricting the purchase of energy drinks wasn’t necessarily the right approach and was even “coercive.”
For the Independent MNA for Abitibi-Est, Pierre Dufour, the bill initially went too far; he wanted to lower the age limit for purchasing energy drinks to 14.
He says he was convinced to support it through conversations with a cardiologist and hospital staff who told him energy drinks had become a problem. He would still like to continue building on the existing legislation and support it with prevention campaigns.
“If we have that kind of project, we can do something better the next time so I able to say ‘OK I’m going forward,'” he said.
