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Petitioner submission of 14 February 2022

PE1919/B - Ban the sale of high caffeine products to children for performance enhancement

As a runner I was shocked to learn of clinical trials, carried out in 2016, using high strength caffeine gum for performance enhancement.  

In email correspondence, Dr Linda De Caestecker, Director of Public Health Greater Glasgow and Clyde, raised concerns recommending the trials focus on short-term and long term-health risks, but I understand this did not happen.

One running event organiser’s website states “it is practical and easy to chew a few pieces of gum prior to running so it’s maybe something runners wishing to improve their performance could easily use if it is shown to be effective”.  

I understand that participants in some running events were given 3 pieces of high strength caffeine gum (equivalent to taking 3 – 4 cans of energy drink) or 6 Caffeine Tablets) as part of the trials. 

Mark Munro, CEO Scottish Athletics (SA), took a strong stance against high strength caffeine gum due to the health risks and expressed concerns about children overdosing

Just a few days after SA confirmed their position I heard that it was handed out to hundreds of runners including children as young as 15 years of age at a 10K.  

Following that incident SA asked me to help write a caffeine paper which is available on their website recommending athletes do not use caffeine. I expressed concerns about amendments saying runners should trial caffeine in training before taking it in competition.  

One high strength caffeine gum promoted to runners for performance enhancement has a recommended daily dose on the label of 400mg which is four times the typical safe daily dose for U18s. 

In 2021, I understand that UKA and other national sporting bodies endorsed caffeine gum in national advertising campaigns. This could be seen a green light to clubs, coaches and athletes to use it for performance enhancement.  

I would highlight Irish Cycling banned the promotion of caffeine products at junior races due to this incident in 2016. Youth cyclists fall ill from caffeine products  

Kirsten Oswald MP wrote to the UK and Scottish Ministers of Sport. Jackson Carlaw MSP indicated he would raise a parliamentary question to get it on the agenda of the Scottish Parliament.

I believe that East Ren Council has expressed concerns about caffeine gum with one senior staff member suggesting they may consider enforcement action if it is handed out or may even refer it to the Procurator Fiscal if anyone is harmed at events where it’s given out.

The sale of energy drinks to U16s is banned in leisure centres so councils should be consulted on the use of caffeine gum at events in council spaces and facilities. 

During a race your body is already under significant additional stress so high strength caffeine gum could increase the risk of a heart attack. 

I would request the Scottish Parliament Information Centre (SPICe) and Scottish Government consider these recommendations from the American College of Sports Medicine.  

In 2013 I understand that Mars withdrew caffeine gum due to concerns about health risks. It was relaunched in 2017 but it was only sold to adults to stay alert and not sold for performance enhancement. The dose per piece (40mg) is less than half the dose of high strength gum sold to athletes (100mg). 

I understand that Sportscotland unreservedly condemns the use of performance enhancing drugs and that it has recommended clubs and organisations risk assess caffeine gum and have robust child safeguarding procedures and policies to cover it.  

High strength caffeine gum is not currently on WADA’s banned list. However, in considering the best interests of the child principle under Article 3 UN Convention on the Rights of the Child (UNCRC) it may well meet WADA’s criteria for being banned.

I would request the petition’s committee seek an expert opinion from the Children’s Commissioner of Scotland on whether it violates the rights of a child to health.  

According to NSPCC guidelines on ‘Child Abuse in Sport' it could be considered a form of physical abuse to encourage a child to use substances such as caffeine gum.  

The government’s submission refers to EFSA studies on the effects of caffeine with exercise. In considering the health of a child the government should ensure that the research involved trials a) using the maximum recommended safe doses of high caffeine gum b) monitor those doses on people who had already taken caffeine from other sources c) monitor people who are not trained but the types of recreational runner of all ages who may wish to improve their PB in a 5K and d) monitor effects on their heart.  

If high strength caffeine gum is potentially harmful when combined with exercise Food Standards should insist the labelling a) has clear warnings with maximum recommended safe single and cumulative doses for different at-risk groups b) prohibit the sale to children and young people.