Updated Consumer Advice on CBD Food Products in the UK

On October 12, 2023¹, the Food Standards Agency (FSA) recommended that healthy adults should not consume more than 10mg of Cannabidiol (CBD) per day, roughly equivalent to 4-5 drops of 5% CBD oil. This advice is based on a joint position paper² from the Advisory Committee on Novel Foods and Processes (ACNFP) and the Committee on Toxicity (COT). The paper focuses on the risk assessment of foods and supplements containing CBD with a purity level of at least 98%. For CBD food products already on the market that exceed the recommended limit, the FSA will collaborate with the industry to find a way forward.

Compliance Situation of CBD Food Product in the UK

CBD, found in both hemp and cannabis, can be produced synthetically. In January 2019, CBD was confirmed as a novel food by the EU Commission. After the Brexit, the placing of novel foods on the GB market³ (which means Northern Ireland is excluded) must be in accordance with the retained EU regulation 2015/2283⁴. EU Food Law continues to apply in Northern Ireland, under the current terms of the Protocol on Ireland/Northern Ireland⁵. Therefore, CBD food products require authorisation before they can be sold legally in the UK. Currently, there are no authorized CBD extract or isolate available in GB. In Northern Ireland, the situation is the same, for EU has not yet authorized any CBD food products as novel foods in the EU market.

However, there are a range of CBD food products in the UK², including beverages (beer, spirits, wine, coffee, and soda-style drinks), edible oils as food supplements (tinctures, drops, syrup, and olive oils infused with CBD), chewables, and confectionary. The reason is that in England and Wales, the authority published a list of CBD products linked to novel food applications⁶. While the decision on enforcement on non-compliant novel foods remains with enforcement authorities, the FSA has recommended to local authorities that the products marked as “Validated” or “Awaiting evidence” on the list may stay on the market in England and Wales, pending further consideration by the FSA. Any product which does not appear on the list or is marked as ”Removed” must be withdrawn from the market. Notably, the inclusion on the list does not mean authorization. Besides, the products on the list needs to meet the following criteria:

• they were already on the market on or before February 13, 2020;

• the FSA has received an application for these products before March 31, 2021;

• the FSA has validated the application or agreed that the application is sufficiently progressing towards validation

How to Be Compliant

Food businesses must apply for authorisation of their CBD extracts, isolates and associated products to be placed on the GB market as per UK’s Novel Foods Authorisation Guidance³ in this system⁷. In Scotland⁸, the application service is hosted on the FSA website and is operated jointly by the FSA and Food Standards Scotland (FSS).

For businesses aiming to place their CBD products on the market in Northern Ireland, they must adhere to EU rules and follow the European Commission's authorization process specific to Northern Ireland.

In conclusion, it is crucial for food businesses to apply for authorization of their CBD extracts, isolates, and associated products before placing them on the market. Safety considerations are paramount in the authorization process, and the provision of relevant safety information is essential for successful validation. Moreover, as per the FSA⁹, “Meeting the validation standard does not mean the product will necessarily be authorised. Each application will be considered on its own merits. Applications will be progressed and potentially authorised only if directly relevant safety information is included.” Additionally, CBD products must comply with other legislative requirements and should not be incorrectly labeled, unsafe, or classified as controlled substances.