With the Food Standards Agency releasing a public list of CBD products permitted for sale to consumers, the UK has become the first country in the world to begin to regulate the market for orally-consumed products containing cannabis extracts. The full authorization of the sale of products containing CBD hasn’t been completed yet, and is expected to happen soon.
 
According to FSA, the list of CBD food products on sale in England and Wales represents products already on sale which the agency advises should stay on the market until the final authorization have been made. Only those CBD products featured on the list have been given the green light by the FSA to stay on the market, in line with the UK’s Novel Food requirements. Products not included must now be removed from shelves. The FSA list applies only to products sold in England and Wales, while products north of the border, in Northern Ireland and Scotland, are subject to different rules.
 
Additionally, products designed to be inhaled, such as vapes, or applied to the skin, such as cosmetics and massage oils, did not fall under the FSA’s jurisdiction, and so were not included on the list.
 
“We have taken the pragmatic approach of suggesting that products on these lists may remain on the market until a decision is made on their authorization or acceptability of provided information,” FSA said. “However, FSA is not endorsing the sale of any CBD food products, regardless of whether on the list or not.”
 
The Association for the Cannabinoid Industry (ACI), a trade association representing cannabinoid extracts businesses, worked closely with FSA on the publication of the list over two years.
 
“The FSA public list represents a major milestone for the UK’s CBD category,” Steve Moore, founder of ACI, said. “It demonstrates the progress the sector has made to meet compliance requirements and creates greater regulatory certainty which, 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 in to take this momentous step.”
 
ACI worked to help its membership get products placed on the public list through a ‘super-dossier’ it created in September 2020 with a consortium of members. “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 said.
 
When it comes to products that did not make it on the list, ACI is working in tandem with Trading Standards UK to enforce the new rules immediately. Any company offering unlisted CBD products faces possible action by its officers.
 
ACI urged any retailers selling CBD products to check their current stock against the list to ensure they are compliant, and has launched a new website to serve as a reference point for ensuring a product is being sold legally.
 
Moore said that ACI wanted to support businesses that failed to make it onto the list. “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.”