ENERGY DRINKS, CHILDREN’S RIGHTS, AND THE DUTY OF HEALTH PROTECTION: EMPIRICAL EVIDENCE AND REGULATORY CHALLENGES FROM A CONSUMER PROTECTION PERSPECTIVE

Resumo

The growing consumption of energy drinks among children and adolescents has generated increasing concern regarding health protection and the adequacy of existing regulatory frameworks. This article examines the issue from the perspective of children’s rights and consumer protection, using empirical clinical evidence as a normative foundation for legal analysis. The study draws on pediatric cases involving cardiovascular manifestations associated with energy drink consumption, including supraventricular tachycardia, extreme tachycardia, chest pain, anxiety, and transient hypertension in otherwise healthy minors. The findings reveal recurrent patterns of excessive intake, limited parental awareness, and a widespread misperception of energy drinks as harmless soft beverages, exposing a significant information asymmetry affecting hyper-vulnerable consumers. Grounded in the fundamental right to health, the principle of the integral protection of children and adolescents, and the precautionary principle, the article argues that current regulatory approaches are insufficient to prevent foreseeable health risks. It concludes that the empirical evidence supports the adoption of stricter regulatory measures, such as enhanced labeling requirements, advertising restrictions, and age-based limitations, as a means of fulfilling the State’s positive obligation to protect children from potentially harmful products.