Balearic Islands ban energy drink sales to minors and prohibit recreational use of laughing gas

Bep Al·lès/Ciutadella - Almost half of teenagers aged 14 to 18 have consumed energy drinks in the past month, and one in five has mixed them with alcohol. Faced with figures that show how widespread these products have become among young people, the Balearic Government has decided to tighten access: from now on, the sale and supply of energy drinks to minors will be prohibited across the Balearic Islands.

The measure forms part of a new decree-law on urgent public health protection measures approved by the Council of Government. The regulation also targets another practice that has become increasingly visible in some nightlife and tourist settings: the recreational use of nitrous oxide (N2O), commonly known as laughing gas.

The new rules prohibit the commercialisation of nitrous oxide when it is intended for recreational inhalation, while leaving its medical, dental, hospital, food-related and industrial uses unaffected.

The Government says both measures are based on changes in adolescent consumption habits and on scientific evidence concerning the health effects of these substances. In the case of energy drinks, technical reports warn that their consumption has become normalised among a significant proportion of young people, despite their high levels of caffeine, sugar and other stimulants.

One in two teenagers consumes energy drinks

Data from the 2023 ESTUDES survey paint a picture that has raised concern among health authorities. A total of 47.7% of students aged 14 to 18 say they consumed energy drinks during the previous month. Even more worrying is that 19.5% admit to having mixed them with alcohol during the same period.

These products typically contain high concentrations of caffeine, as well as sugar and other stimulants. Leading scientific organisations advise against their consumption by minors, and available evidence links their intake to sleep disorders, nervousness, tachycardia and excessive sugar consumption.

Regular intake may also increase the risks associated with obesity, type 2 diabetes, metabolic diseases and cardiovascular problems, particularly when these drinks become part of teenagers’ everyday habits.

One of the greatest concerns, however, is their combination with alcohol. Energy drinks can reduce the subjective feeling of intoxication without actually lowering blood alcohol levels or the psychomotor impairment caused by alcohol.

This false sense of control may lead people to continue drinking because they feel less affected than they actually are. The result may be higher alcohol consumption, delays in recognising alcohol poisoning and a greater likelihood of engaging in risky behaviour.

Ban applies to all forms of sale

The Government’s response is to ban the sale and supply of energy drinks to anyone under the age of 18 throughout the Balearic Islands.

The prohibition will apply regardless of the method of sale, with the aim of preventing minors from purchasing these products through any commercial channel.

Under the new rules, energy drinks are defined as non-alcoholic beverages containing a high concentration of caffeine as a stimulant ingredient, usually combined with sugar and other stimulating substances such as taurine, guarana or glucuronolactone.

The measure does not, however, apply to all drinks associated with physical activity or sport. The decree-law explicitly distinguishes energy drinks from isotonic sports drinks, which have a different composition and purpose and are therefore excluded from the ban.

Laughing gas brought under tighter control

The other substance targeted by the new rules is nitrous oxide. Commonly known as laughing gas, its recreational use has spread in some leisure settings due to a combination of factors: it is relatively cheap, easy to obtain and produces rapid effects.

The Government believes that its growing presence, particularly in some nightlife and tourist environments, makes tighter controls necessary. For this reason, the decree-law prohibits the sale, dispensing and advertising of nitrous oxide when it is intended for recreational inhalation.

The ban is also intended to strengthen the protection of minors and make it harder for them to access the substance for recreational drug use.

The new regulation does not amount to a general ban on nitrous oxide. The gas has a number of legitimate professional applications and will continue to be used normally in authorised settings. Medical, dental, hospital, food-related and industrial uses remain outside the new restrictions.

The Government is therefore regulating the recreational purpose of the product rather than the substance itself.

From loss of consciousness to neurological damage

The technical reports underpinning the measure warn of the effects of recreational nitrous oxide inhalation. Its use can cause loss of consciousness, impaired coordination, accidents and episodes of hypoxia due to lack of oxygen.

The risks may become more serious when use is no longer occasional and is repeated frequently. Scientific evidence links prolonged use to neurological damage associated with a functional vitamin B12 deficiency.

Reported consequences include paraesthesia — abnormal sensations such as tingling or numbness — ataxia, or difficulty coordinating movements, as well as various cognitive or psychiatric disorders.

The growing presence of laughing gas in certain leisure settings is precisely what has prompted the regional authorities to intervene in its commercialisation when there is a recreational purpose.

Fines of between €6,001 and €60,000

The new regulation will not simply establish prohibitions. The decree-law also changes the sanctions framework so that breaches can result in financial penalties.

Failure to comply with the ban on selling energy drinks to minors or with the restrictions on the recreational commercialisation of nitrous oxide will be classed as a serious offence under the Balearic Islands’ law on drug dependence and other addictions.

Serious offences may be punished with fines ranging from €6,001 to €60,000.

The final amount of each fine will depend on the circumstances of the offence. Factors to be taken into account include the health risk caused, the seriousness of any health damage, any illicit financial gain, the nature of the harm caused, the degree of intent and whether the offence has been repeated.

With this legal change, the Balearic Islands are taking direct action on two forms of consumption that have become increasingly visible among young people and in leisure settings. In the case of energy drinks, the ban creates a legal barrier to products already consumed by almost half of teenagers aged 14 to 18. In the case of laughing gas, the aim is to curb its expansion as a recreational substance before its use becomes even more established.

The Government says both measures form part of its preventive public health policy and are intended to reduce children’s and teenagers’ exposure to products that may pose health risks, particularly when they are consumed alongside alcohol or in nightlife and leisure environments.