Currently, SES are regulated under both the Supplemented foods or Natural Health Products (NHP). Health Canada believes two regulatory frameworks for SES creates duplication and has high potential to leads to consumer confusion and misuse.
Additionally, dual regulatory framework exposes industry to uneven requirements, especially given that products classified under the NHP framework long pre-market approval timelines.
To resolve the dual regulation issue, Health Canada decided that all SESs should be reclassified as Supplemented Foods.
Notification: expected to be published early 2026.
Transition period: until January 1, 2028
Impacted NHP licence holders will be notified with details in the new year. You may be asked to remove ORS or SES type of claims or discontinue license.
In future implementations, Health Canada envisions SESs under the category of carbonated or non-carbonated water-based beverages. Further details will be clarified in their upcoming notice.
Note that there will be no further consultation, as the decision has already been made. The department has offered field follow-up questions and support should it be required.
They also mentioned that this is a long-term development and is not part of the Red Tape Reduction initiatives specifically.
