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Selling soft drinks and waters in the EU

In the EU, soft drinks follow the general food rules: Regulation (EU) No 1169/2011 for labelling, the additives list and the claims register. Drinks above 150 mg/l of caffeine carry a set warning. A natural mineral water has to be recognised by a member state, and drinks packaging falls under the Packaging and Packaging Waste Regulation.

Updated · Each section links to the official source it comes from

Labelling
Regulation (EU) No 1169/2011
High caffeine
A warning above 150 mg/l
Natural mineral water
Recognised by a member state's authority
Packaging
Regulation (EU) 2025/40
Who enforces
Competent authorities in each member state

Before a product goes on sale

The questions to answer, in the order they usually come up.

  1. 1What has to be on the label, and does the caffeine warning apply? Read more
  2. 2Are the additives and sweeteners on the EU list? Read more
  3. 3If it is sold as natural mineral water, is the source recognised? Read more
  4. 4Which claims can the label make? Read more
  5. 5What does the packaging have to meet? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

Labelling, caffeine and claims

The general food label, with the warning for high caffeine drinks.

  • The mandatory particulars of Article 9 apply: name, ingredients, allergens, net quantity, date, business name and address, and a nutrition declaration among them.
  • A drink with more than 150 mg/l of caffeine carries "High caffeine content. Not recommended for children or pregnant or breast-feeding women" in the same field of vision as its name, with the caffeine content in mg per 100 ml (Annex III).
  • Nutrition and health claims are allowed only where authorised and listed in the EU Register of claims.

How we help: Compliant Always sets the label beside the particulars and the caffeine wording, with the article for each. Ask about this

Additives and novel ingredients

What may go into the drink.

  • Additives, including sweeteners and colours, must be authorised and listed, with their conditions of use, on the EU positive list.
  • An ingredient not consumed to a significant degree in the EU before 15 May 1997 is a novel food and needs authorisation first.

How we help: Compliant Always reads your recipe against the additive list and its conditions of use, and keeps the evidence for each ingredient. Ask about this

Natural mineral water

The extra step for water sold as natural mineral water.

  • Directive 2009/54/EC covers waters extracted from the ground and recognised by the responsible authority of a member state as natural mineral waters.
  • Water from outside the EU can be recognised only if the authority in the country of extraction certifies that it meets the Directive and is checked regularly.

How we help: Compliant Always keeps the recognition, the source analyses and their dates with the product. Ask about this

Packaging

Bottles, cans and cartons, and the materials that touch the drink.

  • Regulation (EU) 2025/40 sets rules across the packaging life cycle, aims to make packaging on the EU market recyclable in an economically viable way by 2030, and works alongside mandatory deposit return systems.
  • The Packaging and Packaging Waste Directive 94/62/EC was generally repealed on 12 August 2026.
  • Materials in contact with the drink meet Regulation (EC) No 1935/2004.

How we help: Compliant Always keeps your packaging suppliers' declarations with the product, dated, and shows which are due for renewal. Ask about this

Who answers for what

WhoWhat they answer forHow we help
BrandThe label, the claims and the recipe it sells under its name.The label checked against the particulars, and the paperwork behind it in one place.
Bottler or co-packerHygiene, traceability and, for mineral water, the source.Analyses and certificates kept by batch, ready for a customer's form.
Packaging supplierPackaging that meets the packaging and food contact rules.Declarations collected once and shown to each customer that asks.

Member states

Regulations apply directly in each member state, but enforcement is national, and member states may set rules where the EU text leaves room.

Selling in more than one member state means meeting the EU text and the national additions of each.

Questions businesses ask

Does an energy drink need a warning label in the EU?
A drink with more than 150 mg/l of caffeine carries "High caffeine content. Not recommended for children or pregnant or breast-feeding women", with the caffeine content in mg per 100 ml, in the same field of vision as its name.
Do soft drinks need a nutrition declaration in the EU?
Yes. The nutrition declaration is one of the mandatory particulars in Article 9 of Regulation (EU) No 1169/2011 for prepacked food, which includes soft drinks.
Can a soft drink use any sweetener?
Only additives, sweeteners included, that are authorised and listed on the EU positive list, under the conditions of use set for each.
What makes a water a natural mineral water in the EU?
It is extracted from the ground and recognised by the responsible authority of a member state as meeting Directive 2009/54/EC.
Can water from outside the EU be sold as natural mineral water?
Yes, if a member state's authority recognises it, and the authority in the country of extraction certifies that it meets the Directive and is checked regularly.
Which packaging rules apply to drinks in the EU?
The Packaging and Packaging Waste Regulation, (EU) 2025/40, which covers design, recycled content, reuse and collection, and works alongside mandatory deposit return systems. Food contact rules apply to what touches the drink.
Can a drink make a health claim in the EU?
Only a claim authorised under Regulation (EC) No 1924/2006 and listed in the EU Register of claims, under the conditions set for it.
Who answers for a drink's label in the EU?
The business under whose name it is sold or, if that business is not established in the EU, the importer into the EU (Article 8, Regulation (EU) No 1169/2011).
How does Compliant Always help with selling in the EU?
Our team reads the rules for the markets you sell in. Compliant Always shows which apply to your product, keeps the documents behind each one ready, and watches the sources for changes. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

Tell us what you make, and we will show you the rules for it.

Name the product and the markets you sell in. We will come back to you with what applies in the EU and what your paperwork needs to show.

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