Does California’s Supplement Law Apply to Energy Drinks? A Guide

By

·

Wondering whether California’s new under-18 supplement law reaches energy drinks and protein bars? It depends on how the product is labeled, marketed or represented, which can include how a seller displays or groups it. The law covers dietary supplements and over-the-counter diet pills that are labeled, marketed or otherwise represented for weight loss or muscle building. No official has said whether any named product is covered.

Quick fact (as of 2026-11-09) Detail
Bill AB 2030, Chapter 720, Statutes of 2026
Approved by Governor September 28, 2026
Expected effective date January 1, 2027
Products covered Dietary supplements and OTC diet pills labeled, marketed or represented for weight loss or muscle building
Age limit Under 18
Civil penalty No more than $500 for each violation
Who brings the action Attorney General, county counsel or city attorney

What happened with AB 2030?

Governor Gavin Newsom approved AB 2030 on September 28, 2026. It was chaptered as Chapter 720, Statutes of 2026, and it adds a new chapter to the Health and Safety Code. You can read the chaptered text of AB 2030 yourself.

AB 2030, chaptered September 28, 2026 and expected to take effect January 1, 2027, prohibits selling, offering to sell, or giving away as a retail or wholesale promotion dietary supplements and over-the-counter diet pills labeled, marketed or represented for weight loss or muscle building, to any person in California under 18.

Does the law apply to energy drinks and protein bars?

The question is open, and it is being raised in print. A Men’s Fitness article, published November 9, 2026, raises it. The writer presents his examples as open questions, not as rulings. He asks about:

  • An energy drink. He describes its label as carrying messaging such as “burns body fat” and “accelerates metabolism,” and says the drink contains green tea extract.
  • A protein bar.
  • Chips and pastries with added protein.

He writes that the lines “get blurry with food products and energy drinks.” He also says fat burners and testosterone boosters “quite obviously” fit, in his view, and that “time will tell how strict officials are.”

If protein at meals is what you are after, our easy high-protein breakfast ideas cover food-based options. The next section shows the definitions and the factors the text says a court may consider.

What does the law actually cover?

The chaptered text defines two categories. A product has to fit one of them and meet a purpose test.

  • Dietary supplement for weight loss or muscle building: a dietary supplement as defined in 21 U.S.C. 321(ff) that is labeled, marketed, or otherwise represented for the purpose of achieving weight loss or building muscle.
  • Over-the-counter diet pill: a drug as defined in 21 U.S.C. 321(g)(1) that is labeled, marketed, or otherwise represented for the purpose of achieving weight loss, for which a prescription is not required under the Federal Food, Drug and Cosmetic Act.

The words “labeled, marketed, or otherwise represented” mean that how a product is presented counts, not only what is inside it.

How does a court decide whether a product is for weight loss or muscle building?

The text says a court “may consider, but is not limited to” the factors in this table.

Factor What the text lists
Ingredients An ingredient the FDA has approved for weight loss or muscle building; a steroid; creatine, green tea extract, raspberry ketone, garcinia cambogia, or green coffee bean extract.
Label and marketing statements Statements or images that express or imply the product will help modify, maintain or reduce body weight, fat, appetite, overall metabolism, or the process by which nutrients are metabolized; or maintain or increase muscle or strength.
Other representations The product or its ingredients are otherwise represented for the purpose of achieving weight loss or building muscle.
Store or seller conduct Signs, categories or tags with those statements; grouping with weight loss or muscle building products in a display, advertisement, website or store area; or otherwise representing the product for that purpose.

Creatine is on the ingredient list. For what human studies have looked at, see our creatine benefits and safety (our research library) research page.

How do I tell a supplement from a food or drink on the label?

Start with the label panel. A product sold as a dietary supplement carries a Supplement Facts panel, and a conventional food or beverage carries a Nutrition Facts panel. Check which one the product has, then read the front-of-pack wording, because the text counts statements and images on labeling and marketing.

Energy drinks are easy to file under “just a drink.” MedlinePlus, a government health information site, says soda and energy drinks can have large amounts of caffeine and other stimulants, and that most provide little or no nutrients while containing large amounts of added sugar. The MedlinePlus energy drink calorie page lists common drinks and their calories.

Who does the law affect?

  • People under 18. The ban on selling, offering to sell, or giving away as a retail or wholesale promotion applies to any person in California under 18. The text says the section does not apply to a person 18 or older, and it does not apply to a person under 18 who has a prescription for the product.
  • Stores and vendors. A retail establishment is any vendor that sells these products directly to the public, including pharmacies, grocery stores, other retail stores, and vendors that take orders by mail, telephone, email, website, catalog or app.
  • Delivery sellers. This includes online retailers that mail or ship these products to consumers in California.
  • Business owners. If you stock or sell these products, ask a business attorney how the definitions and factors apply to your inventory.

What ID checks does the law require?

Seller type What the text requires
In-store retail Request valid identification from anyone who attempts to buy if the store cannot reasonably determine that the person appears to be under 18. A store may also limit access to these products in a way designed to prevent unauthorized access.
Delivery sellers, including online retailers Do not accept an order without either obtaining the buyer’s full name, birth date and residential address and verifying them against a commercially available database, or using a delivery method that requires an adult 18 or older to sign and show a valid, government-issued photo ID.

The text says the verification database must not be in the possession or control of the delivery seller, and must not be changed or supplemented by the seller.

What is the penalty?

A person who violates the section is liable for a civil penalty of no more than $500 for each violation. The Attorney General, a county counsel or a city attorney brings the civil action, and those officials can also ask a court for a temporary or permanent injunction. A prevailing plaintiff is entitled to reasonable attorney’s fees and costs. The penalties are cumulative and do not diminish rights, remedies or penalties under other laws.

Key dates

Date What happened or is expected
September 28, 2026 Governor approved AB 2030 and it was filed with the Secretary of State, chaptered as Chapter 720, Statutes of 2026.
November 9, 2026 Men’s Fitness published its article raising open questions about energy drinks and protein foods.
January 1, 2027 Expected effective date.

Common mix-ups

Mix-up What the text says
“Any supplement is covered.” The product must be labeled, marketed or otherwise represented for weight loss or muscle building.
“A diet pill is a supplement.” An over-the-counter diet pill is a drug under federal definitions, and a dietary supplement is a separate category.
“A listed ingredient settles it.” Ingredients are one of several factors a court may consider, alongside label, marketing and seller conduct.
“The law covers all ages.” The ban is for people under 18. It does not apply to a person 18 or older, or to a person under 18 with a prescription.

Which questions settle your next step?

  • Does the product carry a Supplement Facts panel or a Nutrition Facts panel?
  • Do its label, website, advertising or in-store display say it is for weight loss or muscle building?
  • Is it sold in a store, or by a delivery seller, and what ID check does that seller use?
  • Is the buyer under 18, and if so, does the buyer have a prescription?

For a legal question about your own situation, ask an attorney. Enforcement questions go to the Attorney General, county counsel or city attorney, the offices that bring these cases. On a separate public-safety topic, a 2023 Journal of American College Health study surveyed 40 law enforcement officers from seven Northern California college campus police departments about their readiness to administer naloxone. For ingredient and interaction questions, ask a pharmacist, and for health questions, ask a clinician. For the basics of recovery after training, see our post-workout recovery basics.

Next step: The label panel shows whether a product is sold as a supplement or a conventional food. Whether it is covered is a legal question for an attorney.

By MakeTimeForWellness.com Wellness Team

A quick note. Make Time For Wellness shares evidence-informed lifestyle and wellness guidance — not medical advice. We’re wellness educators, not doctors. For anything clinical or personal, please talk to a qualified healthcare provider. See our medical disclaimer.

Keep reading

Get a little wellness in your inbox

Simple, evidence-informed tips a few times a month. No spam, unsubscribe anytime.