On June 6, 2024, the Law for the Control and Regulation of Energy Drinks, decree no. 46-2024, was published in the Gazette. The law establishes regulations for selling and marketing energy drinks to people under 18. An Energy Drink is a non-alcoholic functional drink with a stimulating effect and a special combination of characteristic ingredients such as caffeine, sugar, and taurine.
In addition to establishing sales prohibitions for minors under 18 years of age, the law also prohibits the sale of these energy drinks in restricted locations in the country such as schools, museums, educational centers, and sports centers.
Moreover, it empowers the Honduran Health Regulation Agency (ARSA) to issue specific regulations to regulate specific procedures of characteristics, specifications, and procedures related to labeling, advertising, and points of sale for these energizing products, making provisions for possible adverse effects on human health.
BLP is advising many clients from the country’s industrial sector on the analysis of the legality of this Decree and the possible impacts with the current regulatory framework at the national and international level as a result of the different regional regulatory bodies signed on the matter, as well as whether or not ARSA is competent to issue the regulations that the new Law has entrusted to it.
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