The good, bad and “daft” of new CBD guidance

“The sellers can’t make medical claims now but nevertheless it is a medicine that helps so many people with pain, anxiety, sleep and appetite, let alone epilepsies. Some CBD can be prescribed but that, as we know, is so tricky and frankly impossible on the NHS and very expensive privately.

“For sellers to apply for novel food authorisation, it will be very expensive and very time consuming. This plays into the hands of ‘big cannabis’ who can afford the potential cash flow issues and expenses, and it just drives the small artisanal guys off the shelves.”

Peter Reynolds, head of Canna Pro, a trade association for UK cannabis, CBD and hemp businesses, also has misgivings about the FSA’s latest actions.

He told the press: “In one sense this announcement is good as now the industry knows where it stands. It was in 2017 that I first started talking to the FSA and they have changed their minds repeatedly, shifting its position over and over again. Finally, they have now actually done something.

“The maximum recommended dose for CBD food supplements is 200 milligrammes. So, the differences are so vast they are just absurd.

“The whole thing is preposterous. The FSA have failed to respond to any correspondence from CannaPro for the past six months. They obviously feel under pressure to do something. They have used the phrase ‘novel’, but these products are not novel.

“I think anybody selling whole CBD extract products can just continue. The crucial part is that if they really had any genuine concern about safety, how could they possibly give people only a year to submit an application?”

Another UK body, the Cannabis Trades Association (CTA), was more welcoming of the news, however. In a statement, it said: “Although [we] duly welcome a route to compliance for the industry and its members, we are still of the opinion that natural products (not isolates or synthetic forms) do not fall under the scope of the novel food schedule.

“The CTA fully supports regulation as it ensures consumer safety and gives clarity to the processes required for its members’ products to remain in stores across the country. We are continuing a full review process including legal aspects and avenues into the current and proposed regulations for CBD in the UK, whilst maintaining close relationships with relevant authorities and stakeholders. In reality, not all members will be affected by the proposed legislative changes.

“Further to the highlighted safety concerns, the CTA agree that CBD as a food supplement should not be administered in high daily doses (above 200mg), and consumers should always seek approved medical guidance if taking other medications or during pregnancy.

“We also maintain our position that CTA members’ products are compliant and continue to pose no safety 11 concerns to those consuming within the set guidelines.

“In summary, although we do not agree in full with all that is being proposed, we believe it is a positive step towards ensuring consumer safety and that CBD will be on the shelves for many years to come.”

Explaining the FSA’s stance, its chief executive Emily Miles said: “CBD products are widely available on the high street but are not properly authorised. The CBD industry must provide more information about the safety and contents of these products to the regulator before 31 March 2021, or the products will be taken off the shelves.

“Also, we are advising that CBD could be risky for vulnerable groups, and suggesting an upper limit of 70mg a day for everyone else taking the product.

“The actions that we’re taking are a pragmatic and proportionate step in balancing the protection of public health with consumer choice. It’s now up to industry to supply this information so that the public can be reassured that CBD is safe and what it says it is.”

Professor Alan Boobis, chair of the Committee on Toxicity, said: “My committee has reviewed the evidence on CBD food products and found evidence there are potential adverse health effects from the consumption of these products. We are particularly concerned about pregnant
or breast-feeding women and people on medication.

“We don’t know enough to be sure about such a risk but I am pleased with the sensible and pragmatic approach the FSA is taking. The committee will continue to keep these products under review in the months ahead.”