Modification to the List of Permitted Supplemental Ingredients to extend the use of caffeine

Health Canada's Food and Nutrition Directorate has modified the List of Permitted Supplemental Ingredients to authorize the use of caffeine as a supplemental ingredient in foods listed in item 6 of the List of Permitted Supplemented Food Categories (https://www.canada.ca/en/health-canada/services/food-nutrition/supplemented-foods/technical-documents/list-permitted-food-categories.html) and to require that all solid supplemented foods with high caffeine content be labelled to indicate that another source of caffeine should not be consumed on the same day. These modifications come into force on 25 November 2025, the day of its publication in the List of Permitted Supplemental Ingredients. However, given that the changes related to the addition of the new cautionary statement fall within the scope of the joint Health Canada and Canadian Food Inspection Agency Food Labelling Coordination policy, Health Canada is giving industry until 1 January 2028 to implement the labelling change for products affected by the modification to items (4), (6), and (7).

The purpose of this information document is to publicly announce the Department's decision and action in this regard and to provide the appropriate contact information for those wishing to submit comments, inquiries or new scientific information relevant to the modification.

This addendum concerns a:

[ ]           Modification of final date for comments

[X]          Notification of adoption, publication or entry into force of regulation

[ ]           Modification of content and/or scope of previously notified draft regulation

[ ]           Withdrawal of proposed regulation

[ ]           Change in proposed date of adoption, publication or date of entry into force

[ ]           Other:

Comment period: (If the addendum extends the scope of the previously notified measure in terms of products and/or potentially affected Members, a new deadline for receipt of comments should be provided, normally of at least 60 calendar days. Under other circumstances, such as extension of originally announced final date for comments, the comment period provided in the addendum may vary.)

[ ]           Sixty days from the date of circulation of the addendum to the notification and/or (dd/mm/yy): Not Applicable.

Agency or authority designated to handle comments: [ ] National Notification Authority, [X] National Enquiry Point. Address, fax number and e-mail address (if available) of other body:

Text(s) available from: [] National Notification Authority, [X] National Enquiry Point. Address, fax number and e-mail address (if available) of other body:

The Notice of "Modification to the List of Permitted Supplemental Ingredients to extend the use of caffeine" is available through the following web links:

https://www.canada.ca/en/health-canada/services/food-nutrition/legislation-guidelines/acts-regulations/notices-proposal-notices-modification/list-permitted-supplemental-ingredients-extend-use-caffeine.html (English)

https://www.canada.ca/fr/sante-canada/services/aliments-nutrition/legislation-lignes-directrices/lois-reglements/avis-proposition-avis-modification/liste-ingredients-supplementaires-autorises-etendre-utilisation-cafeine.html (French)

Or requested from:

Canada's Notification Authority and Enquiry Point

Technical Barriers and Regulations Division

Global Affairs Canada

111 Sussex Drive

Ottawa, Ontario, K1A 0G2

Canada

Tel: +(343) 203 4273

Fax: +(613) 943 0346

E-mail: enquirypoint@international.gc.ca