cbd packaging requirements uk

The FSA made a dramatic intervention on 13 February 2020 stating as follows:

NHS guidance on CBD warns users of an array of possible side effects, from hallucinations to fatigue, however perhaps the greatest danger is the risk of inadvertently consuming a more dangerous substance. Many consumers purchase CBD over the internet where, given a lack of regulation and enforcement, there is no certainty that the product received is the one being advertised. An American study in 2017 of 84 samples of CBD discovered that only 26 products contained the stated level of CBD, and 18 had higher THC levels than was claimed.

It will be extremely difficult for retailers to verify the THC content of CBD products. They cannot rely on the packaging. There are numerous labs available offering THC testing but the retailer would need to be satisfied that the lab used to verify its products can be relied upon.

Food Standards Agency Statement February 2020

To date, a number of applications have been made but none have yet been approved by the FSA.

Novel foods are foods which have not been widely consumed by people in the EU before May 1997.

A Move to Increased Regulation?

The Catalogue is a way of recording decisions on novel food status. The Catalogue itself has no legal status but it is used as a tool by the European Commission to show the decisions it makes on novel food status and it is these decisions that have legal status.

Enforcement has been light to but this does not make the sale of the product lawful.

It is possible that some CBD containing products may also contain trace levels of Tetrahydrocannabinol (THC), and/or other controlled substances. Marketers are advised to read this factsheet which has been produced by the Home Office and seeking specialist legal advice before taking any further steps to bring a CBD product to market.

Media coverage and social media interest in CBD containing products has increased in recent years, resulting in a significant uplift in consumer awareness and interest in this type of product. This could be primarily due to its purported health or medicinal benefits. CAP understands that there are a variety of CBD containing products on the market and that most of them are taken orally (as drops, capsules or tablets etc.). We also understand that some CBD products also contain other ingredients.

Is it a Controlled Substance?

It remains a marketer’s responsibility to establish which Regulatory regime applies to their individual product in order to establish if and how the product can be marketed. The Regulatory regime to which a product belongs directly affects whether and which Section(s) of the CAP Code will apply.

Oral CBD products are likely to be caught by the Regulation (EC) No 1924/2006 on Nutrition and Health Claims made on Foods (the EU Regulation) which is reflected in Section 15 of the CAP Code.

What is CBD?

Cannabidiol (CBD) is a naturally occurring constituent of cannabis

Cbd packaging requirements uk

NOTE: A soft stance on enforcement by the UK authorities is the reason why we see prohibited products such as CBD flowers and unlicensed CBD foods without novel food application openly sold in shops in the UK.

Who should read this

The old status which no longer applies is below:

Status of Cannabidiol and other cannabinoids:

However, the authorities did not find ‘a history of consumption’ of cannabinoids before May 15, 1997 and so, according to novel food regulation, a novel food application is required.