Regulating CBD: ACI puts pressure on FSA and UK Home Office to speed up authorization process

09 Jan 2024 --- The Association for the Cannabinoid Industry (ACI) is calling on the Food Standards Agency (FSA) and the UK Home Office to work together to resolve the outstanding issues stalling progress on British novel food applications. In a fresh bid to bring to a close the regulatory stalemate threatening an entire sector, the ACI has produced a white paper underlining the need for constructive engagement between the respective authorities.

The paper draws on a wide-ranging consultation across the UK’s consumer cannabinoid industry to establish a clear and legal framework to safeguard the future of CBD foods and beverages.

Ingestible CBD market “hangs in balance”
Five years on from the European Commission’s declaration that ingestible products containing cannabinoids were to be considered novel foods and four years since the FSA followed suit, the future of thousands of products and an entire sector now hangs in the balance. 

“While the attempts by both the Home Office and the Food Standards Agency to allow CBD products to continue on the market is commendable, the processes have taken too long, become too confused and have not been sufficiently co-ordinated,” says Steve Moore, ACI co-founder. 

“The agency and the department should take account of the recommendations in this report. Together, they provide a path to expedite the legal and regulation frameworks the industry has been crying out for and invested millions of pounds toward progress.” 

At the end of last year, we reported that unclear legal frameworks in the EU and UK for CBD F&B products are stifling innovation and paving the way for alternatives that enjoy more favorable regulatory outlooks, industry insiders are highlighting. 

However, it was reported that food safety authorities could not yet provide the legal clarity required to stimulate NPD across CBD markets. 

In its last major update, the European Commission determined that CBD can be considered a novel food ingredient. But, while assessing applications, authorities said it had become clear there are knowledge gaps that need to be addressed before reaching a conclusion on the ingredient’s safety. 

Meanwhile, the UK government has answered calls to create a legal framework for CBD products. The ACI suggests regulation is slowly taking shape in the UK and is likely to be settled by April 2024, which would clarify big questions like the limits on controlled cannabinoids. 

Global market dynamics
Innova Market Insights data indicates that between October 2022 and September 2023, CBD use in F&B products (including supplements) was most prominent in North America, where 63% of launches occurred.

The ACI has produced a white paper underlining the need for constructive engagement between the respective authorities.Compared to the EU and UK, US CBD markets are relatively relaxed, with several states, including California and New York, fully legalizing cannabis products.

In the same period, CBD ingredient use increased most in Latin America, with 46% average annual growth, the global market researcher’s data suggests.

Worldwide, CBD ingredients were primarily used in supplements, with a 73% share in launches. The soft drinks category had a 21% share in launches and the fastest growth globally.

CBD ingredients were most often used in supplements with brain-mood health claims (29%) and insomnia (28%). Insomnia supplement claims also had a high growth of 24%.

By Elizabeth Green