EFSA to review classification of CBD as a novel food

In the UK, CBD products had previously been marketed as a ‘food supplements’. However, the recent reclassification of CBD as a novel food creates regulatory problems for trading in this way. EU Novel Foods legislation provides that a food is “novel” if it has not been widely consumed in foods before May 1997. Thus, the inclusion of CBD as a novel food suggests that CBD products did not have a history of human consumption before May 1997. This reclassification means that any CBD product taken by oral consumption requires approval from the European Commission by supplying a dossier of information in respect of the product before being supplied to consumers. Approval can take up to 9 months and local authorities regulate and implement the decision.

Evidence presented yesterday appeared to contradict this classification, as it showed evidence of hemp and hemp extracts being used as early as 1220, prior to the 1997 novel food cut off. The EIHA requested the European Commission to “recognise hemp extracts with naturally occurring CBD levels as traditional in food”.

It is estimated that there are 300,000 users of CBD oil in the UK, having doubled within the last year[1]. The sudden reclassification last month of CBD as a novel food could have a damaging effect on the many people who use CBD products for health benefits. It would also have a significant negative impact on a growing industry which is estimated to be valued at over €650 million by 2022.[2] The EIHA predict it to cause a loss of jobs, market control and competitiveness for EU enterprises.

Thus, the decision to review this classification is a positive step not only to ensuring people continue to have reliable access to these products, but also to ensure compliance and safety in the marketplace. However there is no guarantee that the ESFA will reverse its decision. The UK cannabis market is still developing and these recent developments in the CBD industry is yet a further reminder that regulators and the Government must start consulting with industry specialists to develop the UK cannabis market (both the CBD and medicinal cannabis industry) in a reasonable and operative manner, for the benefit of citizens.

Memery Crystal is the leading UK law firm in the merging cannabis sector and has been at the fore front of the legalisation of medicinal cannabis in the UK. The firm published its own Green Report on the state of UK market in September 2018 and is the legal sponsor of the European Cannabis Report 4^th Edition by Prohibition Partners in January 2019.

[1] (Cannabis Trades Association, Oct 2018) https://www.verdict.co.uk/uk-cbd-use/

[2] Cannacord Genuity European Cannabis Report