CTA Win: Switching Protocol reflected in new FSA Guidance
New CBD reformulation guidance from the FSA reflects the Switching approach developed and submitted by the CTA in December 2022.
The UK Food Standards Agency has issued updated guidance allowing cannabidiol (CBD) products listed on its Public List to be reformulated under defined conditions, marking a significant development in the regulation of CBD novel foods in Great Britain.
The updated advice applies to businesses whose products are linked to novel food authorisation applications and remain on sale while regulatory assessments continue. Companies may now reformulate products, particularly to meet revised safety thresholds, without automatically losing their eligibility to remain on the Public List.
For many in the sector, the development represents formal recognition of a regulatory approach long advocated by industry, most notably through the Switching Protocol submitted by the CTA.
Reformulation now formally recognised
Under the new guidance, businesses with products on the Public List are encouraged to reformulate in order to align with updated safety recommendations, including revised daily intake guidance for CBD and upper exposure limits for THC.
Where reformulation does not materially alter the product details recorded on the Public List, businesses are not required to notify the regulator. However, where changes affect listed specifications, companies must contact the FSA and ensure packaging and product information are updated accordingly.
The regulator has framed the change as a practical measure designed to protect consumers while allowing businesses to adapt to evolving safety advice during a lengthy authorisation process.
What is Switching?
Switching refers to the process by which a product listed on the CBD Public List is moved from one novel food authorisation application to another application that is still progressing and whose specification and intended uses match the product.
In practical terms, switching allows a product to remain on the Public List by ensuring it is linked to an active application that covers its formulation and permitted food category. This is necessary where the product is no longer appropriately connected to its original application, for example if that application has been withdrawn, invalidated, or is no longer progressing.
To switch a product, businesses must demonstrate that the product meets the specification and product uses defined in the alternative application. They must also provide confirmation that an appropriate agreement is in place with the owner of that application. The FSA may request additional information to verify that the product is suitable to be covered by the new application.
Each switching request is assessed individually. Products can only switch to applications whose scope genuinely covers their composition and food category. For example, a product cannot switch to an application that only seeks authorisation for food supplements if the product falls within a different food category.
Where an application is no longer progressing, the FSA will contact the business operator linked to that application to determine whether a suitable alternative application has been identified. A reasonable period will be provided for the business to submit the information required to support a switching request.
If sufficient evidence is not provided within the specified timeframe, the product will be marked as removed from the Public List and must be withdrawn from sale. However, products may be reconsidered for inclusion at a later date if businesses subsequently provide evidence demonstrating that the product can be linked to a suitable active application.
A regulatory bridge during the novel foods process
CBD food products are classified as novel foods in Great Britain and must be authorised before they can be fully placed on the market.
However, many CBD products were already being sold when the regulatory position was clarified in 2020. In response, the FSA established a temporary Public List of products linked to credible authorisation applications. Products on the list may remain on sale while safety assessments are ongoing.
Products not on the list, or removed from it, are expected to be withdrawn from sale, with enforcement carried out by local authorities.
With over 12,000 products currently included (validated, awaiting evidence, removed), the Public List represents a substantial transitional framework governing the CBD market.
Alignment with long-standing industry proposals
Allowing reformulation without automatic removal from the Public List reflects an approach long proposed by industry stakeholders.
The CTA’s Switching Protocol was designed to allow products linked to the same underlying novel food application to adapt formulation or compliance parameters without being treated as entirely new market entries. The aim was to create regulatory continuity while maintaining safety oversight.
The FSA’s latest guidance establishes a structured pathway for such adjustments, particularly where reformulation is required in response to evolving scientific advice.
What this means for the CBD sector
The change signals a shift from strict product immutability towards controlled regulatory flexibility.
Previously, significant alterations to products on the Public List risked classification as new products, potentially requiring removal from the market while awaiting authorisation. The new guidance recognises that safety-driven reformulation may be necessary during extended regulatory timelines.
For industry stakeholders, the move may reduce regulatory friction while maintaining the FSA’s core objective of protecting consumers.
A step towards regulatory stability
The UK remains one of the few jurisdictions actively progressing a comprehensive CBD novel foods authorisation programme.
By allowing reformulation within existing applications, the regulator appears to be establishing a more workable pathway for businesses navigating evolving safety evidence and prolonged assessment timelines.
For many observers, the development represents not only a practical regulatory adjustment, but also acknowledgement of regulatory solutions proposed by industry several years earlier.
The CTA is extremely proud to have assisted the FSA with this new implementation.
Source
Food Standards Agency CBD business guidance:
