Modification to the List of Permitted Supplemental Ingredients (caffeine and L-asparagine)

Notice of Modification – List of Permitted Supplemental Ingredients
Reference Number: MASF-2606
August 13, 2026

Summary

The purpose of this notice is to announce that Health Canada has modified the List of Permitted Supplemental Ingredients to permit 30% juice in certain caffeinated beverages as shown in Table 1. Editorial revisions have also been made to the list, including a change to the French version to correct the unit of measurement for L-asparagine.

These modifications come into force on August 13, 2026.

Background

Supplemented foods, including supplemental ingredients, are regulated in Canada under Part B of the Food and Drug Regulations (FDR).

The permitted supplemented food categories are set out in the List of Permitted Supplemented Food Categories. The supplemental ingredients authorized for use in Canada are set out in the List of Permitted Supplemental Ingredients. These lists are incorporated by reference in the FDR.

A person, company or organization (referred to as the petitioner) may ask Health Canada to authorize the following by filing a pre-market submission:

• a new supplemental ingredient,
• a modification to the conditions of use for an already approved supplemental ingredient, or
• a modification to the permitted supplemented food categories.

Health Canada may also make minor modifications to these lists, such as changes to correct typographical or translation-related errors, improve clarity, achieve consistency in terms used in the lists, or align the lists with amendments to Part B of the FDR. This type of modification is not intended to alter permitted supplemented food categories or the authorized uses of a supplemental ingredient.

Issue

Health Canada received a pre-market submission to modify the List of Permitted Supplemental Ingredients to permit no more than 30% juice in foods that:

• belong to the category listed in item 1 of the List of Permitted Supplemented Food Categories^{Footnote 1};
• are authorized to contain added caffeine as a supplemental ingredient; and
• have a total caffeine content from all sources of more than 150 p.p.m.

At the time the request was filed, caffeine was already permitted for use in the above foods subject to the conditions of use set out in columns 2 to 5 of item C.1(2) in Part IV of the List of Permitted Supplemental Ingredients. However, these conditions specified that such products must not contain, singly or in combination, 25% or more fruit and/or vegetable juice^{Footnote 2}, purée, pulp or nectar, as consumed.

Health Canada also identified additional revisions that were required to ensure alignment of column 5 within caffeine entries C.1(1) and C.1(2) and within the language versions. In addition, in the French version of the list a typographical error was identified for the L-asparagine entry regarding the unit of measurement.

Rationale

Health Canada assessed the impact of the requested change described above on the overall safety of supplemented foods permitted to contain caffeine. No concerns were identified with permitting 30% juice content in foods belonging to the category listed in item 1 of the List of Permitted Supplemented Food Categories^{Footnote 1}, containing added caffeine and a total amount of caffeine from all sources of more than 150 p.p.m.

The modification has been applied to caffeine entry C.1(2) as requested, and extended to caffeine entry C.1(1)^{Footnote 3}. This prevents discrepancies in applying different limits and ensures that beverages with lower caffeine content are not subject to more stringent conditions of use than beverages with high caffeine content. The prohibition in column 5 on juice-related terms on the label (except when required in the list of ingredients) is unchanged. Beverages with added caffeine remain restricted from displaying the terms "juice", "purée", "pulp" or "nectar" on the product label, including in the common name. This continues to prevent these products from being represented in a manner that may suggest they are healthier.

The modification to the caffeine entries to permit no more than 30% juice in carbonated or non-carbonated water-based beverages, including concentrates and mixes to be reconstituted (item 1 of the List of Permitted Supplemented Food Categories) is a permissive change. Regulated parties may choose to adopt the new maximum limit or to continue to comply with the original limit of less than 25% juice content. Manufacturers that opt for the new limit must ensure that any resulting changes to their product, such as changes in the nutrient composition, are reflected in corresponding changes to the Supplemented Food Facts table.

The additional editorial revisions ensure consistency between entries and alignment between the English and French versions of the List of Permitted Supplemental Ingredients. The revisions do not introduce new regulatory requirements and therefore do not require product reformulation or labelling changes.

Consultation

Health Canada published the Proposal to modify the List of Permitted Supplemental Ingredientsto permit 30% juice in certain caffeinated beverages (reference number: P-SIS-25-02) on July 25, 2025 to signify its intent to permit no more than 30% juice in foods belonging to the category listed in item 1 of the List of Permitted Supplemented Food Categories, containing added caffeine and a total amount of caffeine from all sources of no more than 150 p.p.m (C.1(1)) or no more than 400 p.p.m. (C.1(2)). The proposal was open for comments for 75 days, closing on October 8, 2025.

A total of six comments (two of which were deemed out of scope) were received during the consultation period from industry and government representatives as well as members of the public. One in-scope comment was received through the corresponding World Trade Organization (WTO) notification (G/SPS/N/CAN/1599). The feedback was largely supportive of the proposed changes to the List of Permitted Supplemental Ingredients and no new scientific information was submitted to warrant revisions to the proposal.

The comments received and Health Canada's responses are summarized below. Comments that were outside the scope of this proposal are not included.

Summary of stakeholder comments and Health Canada's response

Stakeholder comments: Comments received expressed support for the proposed modifications to the List of Permitted Supplemental Ingredients.

Health Canada's response: Proposal maintained.

Stakeholder comment: Feedback on the proposal was received in response to the corresponding WTO notification. The government representative noted the difference between Health Canada's 30% fruit juice limit and those permitted in other regulatory jurisdictions, and sought clarification on the rationale supporting the 30% fruit juice limit.

Health Canada's response: Health Canada acknowledges that there is a lack of consistent approach in regulation of caffeine in foods internationally; however, the proposed increase in the amount of juice to permit 30% juice is considered permissive compared to the existing limit of less than 25% juice. The 25% limit was based on a labelling policy that products containing 25% of a single juice (as consumed) may incorporate the name of the juice within the common name of the food.

The intent of this condition of use for caffeinated beverages is to restrict the representation of these products as juice drinks or juice beverages, which may be perceived as healthier by consumers, or more appealing to children. Health Canada has determined that increasing the amount to 30% as requested by the petitioner does not present a safety concern; however, as part of the proposal, Health Canada has maintained the condition of use for supplemental caffeine that restricts caffeinated beverages under the regulations for supplemented foods from displaying the terms "juice", " purée", "pulp", or "nectar" on the product label, including in the common name. This measure maintains the intent to prevent these caffeinated products from being represented as foods that may be perceived as healthier.

Stakeholder comment: One industry association noted that there is some uncertainty regarding the submission process for requesting modifications to the List of Permitted Supplemental Ingredients and the List of Permitted Supplemented Food Categories. The stakeholder indicated that the Guidance Document: Supplemented Foods Regulations is not sufficiently detailed to clearly describe data and information requirements for pre-market submissions.

Health Canada's response: The Guidance Document: Supplemented Foods Regulations is intended to provide an interpretation of the regulations and a high level overview and guidance on the submission process and information requirements. Health Canada has also published the Guidance Document: Pre-market Submission Process for Supplemented Foods, which provides a more detailed and comprehensive explanation of the pre-market submission requirements for supplemented foods.

Modification to the list

Health Canada has authorized a total juice content of no more than 30% in the foods described in column 2 of caffeine entries C.1(1) and C.1(2) in Part IV: Other Supplemental Ingredients of the List of Permitted Supplemental Ingredients. This has been done by revising the corresponding wording in paragraphs C.1(1)(b)i and C.1(2)(b)i of column 5 as shown in Table 1 in bold to illustrate the change.

Corrective modification

The following editorial corrections align the text across caffeine entries C.1(1) and C.1(2) and between the language versions:

• In Part IV: Other Supplemental Ingredients, column 5, paragraph C.1(1)(b)i has been revised to include "…fruit and/or vegetable juice, …". This change has also been reflected in the French version of the list.
• In the French version, the translation for paragraph C.1(2)(b)i has been corrected to "…jus de fruits et/ou de légumes…".
• Minor typographical revisions (for example., adding (2) to C.1(2) column 2 in the French version).

Separately, in Part III: Amino Acids of the French version of the list, the unit of measurement for L-asparagine (item 3) has been corrected to "mg" to align with the English version and reflect the intended maximum amount and unit per serving of stated size.

Implementation and enforcement

The modifications shown in Table 1 and described above come into force on August 13, 2026, the day of their publication in the List of Permitted Supplemental Ingredients. These changes are permissive and do not introduce new regulatory requirements; therefore a transition period is not required.

You can consult the Notices of proposal and notices of modification web page to stay informed of these modifications, or you can register for Health Canada's Consultation and Stakeholder Information Management System to be automatically notified when they are issued.

The Canadian Food Inspection Agency is responsible for the enforcement of the Food and Drugs Act and its associated regulations with respect to foods.

Contact information

If you wish to submit an inquiry or new scientific information about a permitted supplemented food category or a supplemental ingredient authorized for use in Canada, please contact Health Canada's Bureau of Nutritional Sciences.

If your communication is specific to this notice, please write "juice-caffeine (MASF-2606)" in the subject line of your message.

Bureau of Nutritional Sciences

Food and Nutrition Directorate
251 Sir Frederick Banting Driveway
Postal locator 2202C
Tunney's Pasture
Ottawa ON K1A 0K9
Email: supplementedfoods-alimentssupplementes@hc-sc.gc.ca

Useful links

Health Canada:

• Caffeine in Foods
• Caffeinated energy drinks
• Supplemented foods: Overview
• Guidance document: Supplemented Foods Regulations