Surveillance of Unregulated Caffeine Health Claims on Coffee and Other Foods—A Market Analysis

Caffeine is an alkaloid belonging to the methylated xanthine family. It is found in various foods of plant origin, including tea leaves, guarana berries, and coffee beans. Due to its stimulating effect on the central nervous system and the associated increase in alertness and reduction in tiredness, caffeine is specifically added to some foods, such as food supplements. Claims about the positive physiological effects of caffeine are health claims within the definition of the European Union (EU) Health Claims Regulation and must be authorised before use. Despite a positive opinion from the European Food Safety Authority, regulation of the authorisation of caffeine claims was rejected due to a veto by the European Parliament. As a result, health claims are currently not regulated for caffeine in all EU member states, and the transitional on-hold status also no longer applies for most claims. Therefore, products with health claims regarding caffeine are still observed within the context of governmental food-control activities. To investigate how these are currently used on the market, internet research (n = 188) was carried out. The sample included foods that naturally contain caffeine or to which it is frequently added, namely coffee, tea, non-alcoholic soft drinks and mixed drinks, as well as food supplements, including sports nutrition products. Furthermore, the labelling of official samples that were conspicuous in relation to caffeine in the years 2019–2023 (n = 136) was included in the evaluation. The products most frequently advertised with unregulated health claims for caffeine were food supplements (31% of 135 products). On the other hand, health claims were least frequently used for coffee (4% of 77 products) and tea (18% of 33 products). For all product groups, health claims were mainly made regarding improved concentration and performance/energy. The individual effects the health claims referred to differed between the product groups. In the case of coffee and tea, the advertised effects are mainly limited to increased energy and performance in the form of a “kick” or “boost”. A wider range of different health claims are used for food supplements and alcohol-free beverages, including claims relating to stamina and alertness. In general, the tendency was observed for health claims to be advertised more frequently on the internet than on the product labelling itself. This study exposes a critical issue: while scientific evidence supports some health claims for caffeine, they still remain unregulated, complicating enforcement and creating public confusion. Prompt regulatory revision is needed to align these claims with scientific validations, ensuring both accuracy and regulatory compliance.