UK reaches CBD global “milestone” as FSA publishes products permitted for sale

31 Mar 2022 --- The UK is now the first country in the world to regulate the market for legal, orally consumed, non-psychoactive cannabis extracts, following the Food Standard Agency’s (FSA) move to release a public list of cannabinoid (CBD) products permitted for sale to consumers.

The statements by the Association for the Cannabinoid Industry (ACI), follow two years of close cooperation between the organization and the FSA in a bid to better regulate the industry and gain consumer trust in CBD products.

“The UK is pioneering this approach, investing more in this process than any other jurisdiction in the world,” says ACI founder Steve Moore, in a press conference attended by NutritionInsight.

“There’s an excitement about potential in this category and the innovation this will support in the coming years. This is a very encouraging outcome.”

Currently, 3,536 companies are listed on the FSA’s newly released list. These indicate companies that successfully submitted their dossier. The next step is the authorization process by the FSA, expected to take two years, where the body will scrutinize the scientific element of the items and their data.

The UK is now the world’s second-largest market for consumer CBD, behind only the US.Stringent rules on quality
As part of the developments, only CBD products featured on the FSA’s list have been greenlighted to stay on the market, in line with the UK’s novel food requirements.

“The FSA was concerned about the quality of some CBD products on sale in the UK, so they required all manufacturers to register their products with them,” highlights the agency. Three-quarters of products submitted did not meet the FSA’s standards and were rejected, it adds.

“At this moment in time, we understand that, for some CBD businesses, the news will not be positive, and we openly invite those businesses to contact us at ACI to understand their next steps within this fledgling and rapidly growing market. We are here to support this industry and its community to thrive,” Moore underscores.

Businesses selling CBD products – including supermarkets, convenience stores, health food shops, pharmacies, online retailers, cafes and restaurants – are urged to check their current stock against the list to ensure they are compliant.

Products designed to be inhaled, such as vapes, or applied to the skin, including cosmetics and massage oils, do not fall under the FSA’s remit. These were not assessed and will not appear on the list.

Threefold value
Though the regulation was devised in Brussels, most EU member states have not on the whole implemented it, according to Moore. 

Nonetheless, the development highlights the capability of numerous products to meet the requirements to make the list. Secondly, it offers reassurance to consumers for high quality FSA-approved items, bringing trust to industry, he adds. Lastly, this brings: “excitement about potential for investment in this category.” 

“The FSA public list represents a major milestone for the UK’s CBD category. It demonstrates the progress the sector has made to meet compliance requirements and creates greater regulatory certainty,” Moore notes.

“This, in turn, will increase levels of consumer trust, encourage investment in the sector and promote innovation. ACI is immensely grateful for the work that our members and the FSA have put into taking this momentous step.”The US has similar regulation which the FDA is set to implement next year, Moore says.

The UK’s CBD sector is estimated to have a value exceeding US$1 billion, a figure expected to increase following the publication of consumer products. Beyond the UK sphere, the ACI is also eyeing the international market, describing itself as a serious contender compared to other EU countries.

Supporting industry
CBD products designed for oral consumption on sale in the UK on or before February 13, 2020 could apply for an assessment by the FSA by March 31, 2021. Any product launched after February 13, 2020, or which was not the subject of a dossier submitted by the cut-off date can no longer be sold until full authorization is granted.

In September 2020, ACI created a scientific-based consortium of members to submit a “super-dossier” on their behalf. This was lodged with the FSA in February 2021 in an attempt to help members’ products to be placed on the public list. 

“We are hugely proud that, through our consortium study, all members of the ACI have been included on the FSA’s public list, therefore earning the right to continue to be sold within the UK,” Moore notes.

The FSA list covers products sold in England and Wales. CBD products on sale north of the border are subject to a separate authorization process managed by Food Standards Scotland. In Northern Ireland, companies are required to adhere to EU Novel Food rules and procedures as a result of Brexit protocols. 

By Andria Kades