Why are sugar free electrolyte drinks illegal in New Zealand and Australia [2024 Update]
Why are sugar free electrolyte drinks illegal in New Zealand and Australia? [2024]
One of the most interesting parts of the Food Standards Code of Australia and New Zealand is that sugar free electrolyte drinks are illegal, and yet so many exist or seem to exist on the market. Below we outline:
- What is an electrolyte drink?
- How do companies bend, break or bypass the law?
- Why is both sugar and sodium required in an electrolyte drink?
What is an electrolyte drink?
In 2022, the laws surrounding electrolyte drinks underwent some changes, requiring companies to update their labels within a two-year period and allowing some changes in formulation (including a lowering in required sugar). Let’s take a closer look at the key elements of both sets of laws in the table below. It’s important to note that you cannot mix and match the requirements from the old and new laws.
What are the rules?
Electrolytes Rules (till August 2024)
- Must contain at least 10 mmol/L sodium
- May contain sodium, magnesium and calcium
Sugar Rules (till August 2024)
Must contain 5% to 10% the following sugars
(maltodextrin is defined as a sugar)
(i) dextrose;
(ii) fructose;
(iii) glucose syrup;
(iv) maltodextrin;
(v) sucrose; and
(vi) no more than 50% of total carbohydrate as
fructose
Health Claim Rules (till August 2024)
Can make the following claim:
- The product is designed to promote the availability of energy and to prevent or treat mild dehydration that may occur as a result of sustained strenuous exercise.”
Electrolyte Rules (from 2022)
- Must contain at least 10 mmol/L sodium
- May contain sodium, magnesium and calcium
Sugar Rules (from 2022)
Must contain 2% 10% the following sugars
(maltodextrin is defined as a sugar)
(i) dextrose;
(ii) fructose;
(iii) glucose syrup;
(iv) maltodextrin;
(v) sucrose; and
(vi) no more than 50% of total carbohydrate as
fructose
Health Claim Rules (from 2022)
Can make the following claims
- Rapid rehydration in association with words to the effect of ‘after at least 60 minutes or more of strenuous physical activity’
- Rapid hydration in association with words to the effect of ‘during at least 60 minutes or more of strenuous physical activity’
- Contribution to the maintenance of performance by rapid hydration in association with words to the effect of ‘during at least 60 minutes or more of strenuous physical activity’.
Can also make a claim about providing energy as long as the product provides 100 kCal of energy per serve. An electrolyte drink with just 2% sugars is unlikely to achieve this.
As you can see, the main change in the new law is the lowering of the minimum sugar content and the revision of allowed health claims. While the specific requirements may vary depending on which law is followed, both sets emphasize the importance of electrolytes, specifically sodium, and the inclusion of sugars within a defined range.
KEYPOINT: In both sets of rules, sugar is a requirement in electrolyte drinks.
How do companies bend, break or bypass the law?
Bypassing the Law:
For well-established electrolyte drink brands, the need to label their sugar-free offerings as “electrolyte drinks” may not be necessary. Instead, they may simply include the name of their brand, followed by the word “zero.” By relying on consumer perception, these brands allow customers to make the association between their products and electrolyte drinks. If you pick up a bottle of a popular sugar-free “sports drink” from a big brand, you’ll likely notice the absence of explicit terms like “hydration,” “sports drink,” or “electrolyte drink” on the label.
Bending the Law:
Within the Food Standards Code, there is a provision that allows companies to use specific statements related to electrolyte balance if their drink contains certain minerals. For instance, a drink with magnesium may state “necessary for normal electrolyte balance,” while a drink with potassium can claim “necessary for normal water and electrolyte balance.” While these statements may create the impression of an electrolyte drink, it is important to note that the authorities have clarified that these statements should not be used to make claims about hydration. When questioned directly, the Ministry for Primary Industries (MPI) made it clear that these statements do not justify calling a drink a “hydration drink” or making any hydration-related claims.
Another method of bending the law involves leveraging the dietary supplement regulations in New Zealand. These regulations, often regarded as a more relaxed and less stringent framework, allow for more flexibility in product claims. Companies may attempt to categorize their product as a dietary supplement rather than a food, potentially finding loopholes that enable them to make certain claims. However, it’s important to note that the dietary supplement category probably won’t be around forever. It was replaced last year with The Therapeutic Products Act 2023, only for the new government to announce plans to repeal the act a few months later.
Breaking the Law:
Unfortunately, there are companies that outright break the law, whether knowingly or unknowingly. While the Ministry for Primary Industries (MPI) is responsible for enforcing labelling infringements, their track record in this area has not been without flaws. Instances of non-compliance continue to occur, and regulatory agencies are working towards addressing these issues more effectively.
Key Point: Its not too hard to make a product look like a sugar free electrolyte drink, when it isn’t one, or to just break the law and get away with it.
Why are both sugar and sodium required in an electrolyte drink?
Under the old law, electrolyte drinks required at least 5% sugar and the reasoning was simple – if you are competing in sports, you are probably burning more calories than usual.
So why was it lowered down to 2% in 2022? This results in a product that offers very little in terms of energy and under the Food Standards Code rulebook, you probably won’t be allowed to use the term energy on your label or in your advertising. Energy is quite important for a lot of sports.
So, what else is sugar doing in there then, if not just providing energy, and helping out with yumminess? The answer lies in something called sodium-glucose cotransport and the fundamental impact sugar has on hydration itself.
Sugar and Sodium: The Hydration Teammates
Sodium-glucose cotransport (SGLT) is a remarkable biological process that plays a crucial role in the rapid hydration and digestion of glucose in our bodies. This mechanism is particularly relevant in the context of electrolyte drinks, as it helps facilitate efficient fluid absorption.
So, how does sodium-glucose cotransport work? Let’s break it down.
1. The Sodium Connection:
Sodium, an essential electrolyte, and glucose, a simple sugar, are transported across the intestinal wall through specialized transport proteins called SGLT proteins. These proteins are primarily found in the cells lining the small intestine.
2. Coordinated Transportation:
SGLT proteins work in tandem with sodium-potassium pumps, which maintain the concentration gradient of sodium ions inside and outside the intestinal cells. This gradient ensures that there is a higher concentration of sodium outside the cells.
3. Active Transport:
When we consume a sodium containing electrolyte drink containing glucose, the SGLT proteins go to work. They use the energy obtained from the sodium-potassium pumps to actively transport both sodium and glucose from the intestinal lumen into the intestinal cells against their concentration gradients. Its like pushing them uphill.
4. Rapid Hydration:
The transport of sodium and glucose creates an osmotic gradient, drawing water from the intestines into the intestinal cells. The water can then pass rapidly into the bloodstream. As a result, the body gets hydrated quickly, making electrolyte drinks with glucose an effective tool for rehydration. The water and sodium that is lost in sweat is quickly replaced, and glucose is available to provide energy to the sportsperson.
Key Point: Sugar and Sodium actively work together to achieve rapid hydration
Conclusion: Electrolyte Drinks Need Sugar and Sodium
Water, sodium and glucose are a formidable team. Take away one of these ingredients, and you lose the magic of sodium-glucose cotransport and the rapid hydration that comes with it.
There is no reason why a company cannot manufacture a product that looks and feels like an electrolyte drink – this is easy enough. But, if they do choose to do this, they simply aren’t allowed to claim they are a sports hydration product. Some choose to double dip – but in sports, no one likes a cheater.
