On June 10, 2026, Québec adopted Bill 9, An Act to prevent the harmful effects of energy drinks on the health of young people (“Bill 9”), introducing a significant shift in how caffeinated energy drinks will be commercialized in the province. Bill 9 will come into force six months following assent, which is expected shortly.
Bill 9 aims to prohibit the sale of caffeinated energy drinks to persons under 16, impose strict in-person sales requirements, and introduce a structured enforcement regime backed by inspections and monetary penalties. For industry stakeholders, the bill imposes important constraints on market access and distribution channels.
The Definition of an “Energy Drink”
Bill 9 targets a specific category of beverages, rather than caffeinated drinks more broadly. It defines an “energy drink” as a beverage containing at least 150 mg of caffeine per litre along with ingredients such as taurine, vitamins or minerals, while expressly excluding coffee, tea and certain natural health products unless future regulations provide otherwise.[1]
At the outset, this definition does not fully align with Health Canada’s framework on caffeinated energy drinks. Federally, caffeinated energy drinks are regulated as supplemented foods and are typically defined as prepackaged beverages or mixes containing added caffeine above a specified level, often alongside ingredients such as taurine, B vitamins, minerals or herbal substances like guarana or yerba mate, with a maximum caffeine limit of 180 mg per serving.[2]
This divergence creates potential classification uncertainty for the industry. For instance, it is still undetermined what constitutes a vitamin or mineral in the context of energy drinks. These elements will likely need to be clarified through future regulations.
The Implications of Bill 9
Prohibition of Sale to Minors Under 16
The bill imposes a clear prohibition framework. No person may sell an energy drink to anyone under 16, or to someone aged 16 or over where the seller knows the product is intended for a minor. At the same time, persons under 16 are themselves prohibited from purchasing these products or misrepresenting their age[3] For retailers, this transforms energy drinks into a controlled-sale product, just like alcohol, cannabis or tobacco, even though it remains a lawful food product under federal law.
In-Person Sales Requirement
One of the most impactful aspects of Bill 9 lies in its treatment of sales channels. The bill prohibits sales of energy drinks unless they occur in the physical presence of both the seller, or their employee, and the purchaser, regardless of the age of the purchaser, except in the cases prescribed by government regulation.[4] This provision will come into force on the date of coming into force of the first regulation made with regards to physical sales.
In practice, this amounts to a default prohibition on online sales and vending machine distribution, unless and until regulatory exceptions are introduced. Businesses relying on e-commerce platforms should thus consider adopting Québec-specific distribution strategies.
Practical Implications for the Industry
Because of Bill 9, manufacturers and retailers will need to carefully assess whether their products fall within the statutory definition of “energy drinks,” particularly in borderline cases involving caffeine thresholds and added ingredients.
As well, retailers will need to implement robust age-verification processes to support the statutory due diligence defence and mitigate risk, including in particular with respect to e-commerce sales channels.
