Majority of CBD products tainted with illegal substances, as authorities urge compliance

23 Aug 2022 --- Around three quarters of cannabidiol (CBD) products in the UK are tainted with illegal substances, according to an investigation by the Kent Scientific Services (KSS). In the 61 products tested, 71% contained at least one psychoactive element of cannabis.

Apart from the 44 samples with psychoactive elements of cannabis, several products had lower CBD levels than mentioned on the packaging, and two products did not contain any CBD, even though it claimed it did. Additionally, two contained products that were not on the list.

“This survey highlights the importance of our work to bring this growing industry into compliance. We have asked to see the complete set of sampling results so we can work with local authorities to ensure that those CBD products that should not be on sale are removed from shelves,” explains Linden Jack, deputy director for food policy at the Food Standards Agency (FSA).

“The two products not on the FSA list were one chocolate cookie and one lollipop. Neither contained any ‘nasties.’ Additionally, the cookie contained less CBD than declared,” a spokesperson from KSS told NutritionInsight.

Drug crackdownCBD products containing cannabis are classified as illegal, safety assurance is therefore crucial.
Recently, the FSA released a list containing 12.000 CBD products pending approval for marketing in the UK.

“CBD is the non-psychoactive element of cannabis. It is suggested it can have benefits, including reduced anxiety, assisting with sleep and managing pain. On its own, CBD is not an illegal controlled drug,” says Jon Griffin, a public analyst at the KSS.

The FSA highlights the difficulties in isolating CBD from other cannabinoids since consumer CBD products also contain varying amounts of THC.

“Products containing THC and other controlled substances fall under the Misuse of Drugs Act, and the Home Office has produced specific guidance on CBD. The Home Office is clear that any THC or other controlled substances in a product make it an illegal drug, not a food.”

“Edible CBD products are considered novel foods. This means they have no history of consumption before May 1997 and should be authorized before they go on sale. There are currently no authorized CBD products on the market,” the FSA says.

Responsible for safetyThe FSA has provided guidelines and for businesses to follow when introducing new products.
The agency highlights its responsibility for ensuring safety assessments before authorizing foods for sale. “We are currently reviewing around 130 novel food applications for CBD products.”

“The FSA continues to take a proportionate and pragmatic approach to bring this huge range of products toward compliance. We have published a public list of CBD food products, moving through the authorization process. We have also issued guidance for businesses on what they must do to sell CBD food products,” underscores the agency.

In the US, CBD regulation is also an issue raising a public health concern. Jonathan Miller, US Hemp Roundtable General Counsel, previously told NutritionInsight:

“Right now, thousands of unregulated products are on the marketplace, some of which pose health and safety concerns to the public. The US Food and Drug Administration must regulate CBD to ensure that consumers are protected.” 

Information to the public
In the UK, governmental departments have taken initiatives to educate industry, consumers, and lab workers on CBD and safety.

Recent studies have also shown the positive effects and medical benefits of consuming CBD. However, experts have raised awareness that CBD should not be self-medicated, as it can have adverse health effects or interrupts the process of other medications.

“We continue to advise consumers to think carefully about taking CBD products,” the FSA concludes. 

By Beatrice Wihlander