Voluntary Caffeine Labeling: Considerations for Compliance in Foods

Quantitative labeling of caffeine, that is, the number of milligrams of caffeine present in a caffeinated product is voluntarily in the United States on conventional foods or beverages.  While the U.S. Food and Drug Administration does not require this on food labels, it is encouraged and has been widely adopted by the majority of market-leading beverage brands.

The American Beverage Association, which represents the majority of U.S. beverage producers and 95% of the energy drinks sold in the US, has been a leader in championing voluntary guidelines for the responsible labeling and marketing of energy drinks and other caffeinated beverages.  A summary of the guidelines includes: 

• Accurate Caffeine Content from All Sources:
  • For single serving products, the total quantity should be listed on a per can or bottle basis.  Example: “110 mg of caffeine per 12 fl oz” or “110 mg caffeine per can”
  • For multi-serving containers on a per serving and per container basis: some text
    • “Caffeine content: 110 mg/12 fl oz; 220 mg/per bottle” ‍
• Clear and Conspicuous Labeling: The caffeine content should be presented clearly and conspicuously on the product label separate and apart from the Nutrition facts panel and ingredient list.  The FDA recommends using a type size no less than 1/16 inch, and the information should be placed in close proximity to the Nutrition Facts panel for easy reference.‍
• Voluntary advisory statement: For products containing caffeine levels that exceed the FDA's cola flavor standard for caffeine of .02% or 200 ppm, the following voluntary advisory statement: The recommended advisory language is  “Not recommended for children, pregnant or nursing women and persons sensitive to caffeine.” 

Comparative caffeine claims: In addition to the voluntary guidance above, companies may also choose to declare the caffeine content in comparison to a reference beverage, such as coffee as long as the statements are truthful and not misleading. This can help consumers understand the caffeine content in a more familiar context since coffee has such a long history of consumption around the world.  However, it's important to use accurate and up-to-date reference values. For example, while the USDA states that an 8 fl oz cup of brewed coffee contains 96 mg of caffeine, the FDA references a range of 80-100 mg (with a 90 mg average).

If a Company chooses to voluntarily list the amount of caffeine on its product labels, several factors may affect the amount of caffeine in the product: 

• Naturally occurring caffeine sources and processing: Caffeine can be either naturally occurring or synthetically manufactured. Naturally occurring caffeine comes from the leaves, seeds and fruits of more than 60 plants worldwide.  Common sources of caffeine include: some text
  • Coffee beans
  • Tea (camellia sinensis)
  • Cacao 
  • Cola nut
  • Yerba mate
  • Guarana seed
• For plant-based naturally occurring caffeine sources, variables such as the quality of the bean or seed, growing region, grind, water temperature and proportion, steeping time, and more could affect the reliability of the caffeine quantity in the finished product. ‍
• Synthetic caffeine and manufacturing controls: For synthetic caffeine that’s added to a product, manufacturer specifications should be tightly monitored to assure what’s being added to the product is appropriately measured, batched, and tested as appropriate. Since caffeine is tolerated in milligrams and parts per million of a formulation, assuring a tight manufacturing specification tolerance is important to assure the finished product is safe and consistent every time.

Considering caffeine from all sources: 

Caffeine is caffeine, regardless of whether or not it’s naturally occurring or synthetically manufactured.  Importantly, the body doesn’t discriminate between sources, and transparency in caffeine communication from brands can help build and maintain consumer trust.  

Roughly 90% of Americans consume caffeine, with the majority of daily caffeine intake coming from beverages like coffee, tea, and soda.  If your product features caffeine, consider that a customer will likely have an established caffeine ritual.  

Considering caffeine from all dietary sources is an important part of being caffeine-smart to assure customers can make informed choices about their caffeine intake in the context of good sleep hygiene.

Best Practices for Marketing Caffeine and Related Claims: When marketing caffeinated products, it is essential to ensure that all claims are truthful, not misleading, and substantiated by reliable scientific evidence.

Claims about the benefits of caffeine should be carefully worded to avoid implying that the product can treat or prevent any disease.

By following these guidelines, companies can provide consumers with transparent information about the caffeine content in their products, promoting informed choices and responsible consumption.