CBD products linked to novel food applications
The list of CBD food products on sale in England and Wales which have a credible application for authorisation with the FSA. We are advising that products not on the list should be removed from sale.
Novel foods, like CBD food products, must be authorised before they are put on the market to ensure they have been through an independent safety assessment. Applications for authorisation of CBD food products are required as these products are considered a novel food having no history of consumption before May 1997.
You can find more information about the authorisation process on the Placing a regulated product on the market page.
To bring the current market into compliance, exceptionally we asked the industry to submit applications for CBD products which were on sale on 13 February 2020.
The list of CBD products linked to novel food applications contains CBD food products which meet the following criteria:
- they were on the market at the time of our announcement on CBD (13 February 2020)
- we received an authorisation application for the products before 31 March 2021
- we validated the application or agreed that it is sufficiently progressing towards validation
All CBD products must comply with other legislative requirements and should not be:
regarded as controlled substances
List of CBD products
The list contains CBD food products which are linked to a credible application for authorisation going through the novel foods process.
While the decision on enforcement on non-compliant novel foods remains with enforcement authorities, we have recommended to local authorities that any products which do not appear on the list or are marked as ‘Removed’ should be withdrawn from the market, as the related novel food application has been deemed unsuitable for progressing to authorisation.
Information included in this list has been provided by applicants. While we have verified the supplied evidence that these products were on sale before 13 February 2020, the FSA cannot be held responsible for errors or omissions from this list.
Inclusion of a CBD product in this list does not mean it is authorised, only that the applicant is seeking authorisation.
Validation requires checking that an application contains all information required by law to allow it to proceed to the authorisation process. This information includes necessary evidence to carry out a risk assessment. If any of this information is missing, the application cannot be legally validated.
It is important to note that validation is not the same as authorisation. There is no guarantee that a validated application will be authorised.
Some applications that have not been validated are progressing well towards providing this information, with evidence of plans to complete the studies required for a risk assessment. These studies must be of an acceptable quality and with a clear agreed deadline for submission for validation. Products linked to these applications are included in the ‘awaiting evidence’ category.
These applications and associated products will be removed from the list and the process if the required evidence is not provided by the agreed time and to a suitable quality. This means that those products should be removed from the market. .
If a novel food application has not made sufficient progress towards validation in the agreed time or has not made it to the next stage of the authorisation process, we will update the status of the CBD products linked to this application to ‘removed’. These products should be removed from the market and would be subject to local enforcement.
Our approach to CBD food products
The FSA is not endorsing the sale of any CBD food products, regardless of whether on the list or not.
Safety of CBD products
We have issued consumer advice on the consumption of CBD for healthy adults and vulnerable groups.
Sellers of CBD should be aware of this information and be able to inform consumers on the recommended maximum daily limit for healthy adults We advise that those who are pregnant, breast-feeding or taking medication should refrain from taking CBD as a precaution.
Local authorities are responsible for enforcing the legislation but we have advised that they take account of the products on the list when determining their enforcement priorities, as these suppliers are moving towards compliance. We expect companies which have not applied for authorisation or those rejected from the process to withdraw their products from the market voluntarily. If this does not happen, local authorities can use the list to inform their enforcement decisions.
CBD food products are subject to food laws. If there are any safety concerns related to CBD products, local authorities can take appropriate enforcement action.
If you have any questions about the list of CBD products, contact us at firstname.lastname@example.org.
Published: 19 March 2021
Last updated: 9 May 2022