CBD deadline fast approaching

Cannabidiol (CBD) products have had a stratospheric rise to fame in the past few years. Generally, in the UK, these products have been widely available, with limited controls. 

Early last year, however, the UK Food Standards Agency (FSA) announced that all consumable products containing CBD extracts must be the subject of a valid novel food authorisation after 31 March 2021, in order to continue to be sold in England and Wales. This followed the FSA concurring with the inclusion of CBD on the EU novel foods catalogue. In the EU, novel foods are foods for which there is no evidence of significant consumption prior to 15 May 1997 in the EU. Novel foods must be authorised (either on an ingredient-wide or individual basis) before they can be sold in the EU. 

The FSA has stated that businesses marketing CBD products must have submitted and have fully validated novel food authorisation applications with the FSA by 31 March 2021 in order to remain on the market in England and Wales. After this date, no new CBD products will be able to be sold until the necessary authorisation is obtained. 

For Northern Ireland, the EU novel food authorisation regime will continue apply. The FSA does not regulate novel foods in respect of Scotland. However, similar deadlines apply in regards to the UK more widely. 

Recently, Emily Miles, the Chief Executive of the FSA stated that "many novel food applications have already been received but we know there are more to come. With the deadline fast approaching, I would encourage all businesses to submit their applications in good time."

In any case, it appears that, despite their popularity, we may soon see some CBD products removed from the UK market, and fewer brands entering, for at least a period. 

Separately to the novel food regime, CBD products containing tetrahydrocannabinol (THC) cannot be placed on the UK market, in accordance with Misuse of Drugs legislation. In addition, any claims of health benefits of CBD are strictly controlled.