The Hungarian Competition Authority (HCA) has found that since October 2023, the Hungarian Energy Drinks Association (EDA) has been using advertising on its website and television programs that is potentially misleading to consumers, by promoting claims about the positive health benefits of energy drinks.
The EDA has made claims in its advertising, such as:
“Caffeine is a powerful brain stimulant, so drinking an energy drink can greatly reduce the risk of developing Alzheimer’s disease.”
“Instead of eating all those vegetables, you could drink an energy drink”,
“Caffeine (…) is good for your skin, hair, and it can even help you lose weight or keep it off. When was the last time you drank an energy drink?”,
“You can drink five a day.”
“Did you know that energy drinks are healthy?”,
“(…) energy drinks are healthy. One can of energy drink has as much B vitamins as 3.6 kg of carrots, 1.7 kg of broccoli or 2 kg of spinach.”
Based on the examples, the EDA refers to energy drinks both as a preventative for long-term illness and as a vitamin-rich, healthy vegetable substitute. Moreover, these supposedly inaccurate claims target a vulnerable group of consumers, as energy drinks are consumed by younger age groups. This is also reflected in the choice of advertising platforms such as TikTok and Instagram.
On 8 October, the HCA 2024 opened competition proceedings against the EDA. It is important that the HCA is investigating the factual evidence supporting the EDA’s advertising communications, not the health impact of the energy drinks.
The article was originally published on the Global Advertising Lawyer Alliance (GALA) blog.