I. Introduction: New Consumer Protection Measures Aiming at Child Protection

Hungary has recently taken significant steps to enhance consumer protection with a particular focus on safeguarding children's health and well-being. Among the latest legislative changes is a comprehensive amendment to the Consumer Protection Act that introduces stringent measures aimed specifically at protecting minors from potentially harmful products. These amendments reflect Hungary's growing commitment to prioritising child protection within its broader consumer protection framework.

The new regulations are part of a wider governmental strategy to address public health concerns related to children's consumption patterns, particularly regarding products with potential negative health impacts. 

II. Ban on the Sale of Energy Drinks for Children Below 18

Hungary has introduced a ban on the sale and service of energy drinks to consumers under the age of 18. The prohibition, which stems from recently adopted amendments to the Consumer Protection Act, is designed as a general ban with no exceptions. 

The enforcement mechanism for this ban includes significant penalties for non-compliance. Businesses found violating the prohibition may face a ban on selling energy drinks for up to one year from the date the violation is officially determined. The consequences become even more severe for repeat offenders; if a business commits another violation within a three-year period, the consumer protection authority may order the complete closure of the establishment for up to thirty days.

Under the new legislation, the Hungarian Government will issue a decree specifying exactly which beverage compositions qualify as "energy drinks" for the purposes of this prohibition. This technical definition will provide clarity for retailers and manufacturers alike, ensuring consistent application of the ban across the market. 

III. Alignment with Child Protection Objectives

This ban on energy drinks for minors aligns with the Hungarian legislature's broader child protection objectives. The newly established Hungarian National Trade and Consumer Protection Authority (“NKFH”) has identified the enforcement of child protection measures as one of its core priorities. The NKFH has been granted enhanced investigative powers and resources specifically earmarked for monitoring compliance with child protection measures, including the new energy drink sales ban. 

IV. Key Takeaways 

While the amendment to the Consumer Protection Act establishes the primary prohibition and associated sanctions, many specific details regarding implementation—such as requirements for consumer information and point-of-sale notices—are expected to be addressed in forthcoming detailed regulations. The timeline for implementation is relatively swift as the measures are expected to become effective during June 2025.

For businesses operating in Hungary, particularly those involved in food and beverage retail, the new amendment necessitates immediate action to ensure compliance and avoid potentially severe penalties. 

As Hungary continues to strengthen its consumer protection framework with an emphasis on safeguarding children, businesses that align their practices with these evolving standards will be well-positioned for sustainable operation on the Hungarian market.

If you need more information or further guidance in this area, please contact Gabor Kutai and Kinga Kálmán.

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