The Food Standards Agency (FSA) has launched a public consultation on the authorisation of three cannabidiol (CBD) products as novel foods. This marks an important step towards providing long-awaited regulatory certainty for the UK CBD sector.
As the leading trade body for the cannabis and hemp industry, the Cannabis Trades Association (CTA) welcomes this consultation and has submitted a detailed response on behalf of members. While we support the FSA’s aim of protecting consumers and building trust in CBD products, we have highlighted several areas of concern where the current proposals risk creating unintended consequences.
Progress but Challenges Ahead
The consultation proposes authorising three highly purified CBD products (≥98% CBD), limited to 10 mg per day for adults, and requiring a series of consumer warnings on labels. While these measures aim to reassure consumers, our submission stresses that some aspects of the proposals are overly restrictive and may cause confusion, market distortion, and enforcement challenges.
Key Issues Identified by the CTA:
- Acceptable Daily Intake (ADI): The fixed 10 mg/day cap does not take into account body weight differences. We recommend a body-weight-based table (mg/kg) to provide clearer, more accurate consumer guidance.
- Product Scope: Limiting authorisation to isolates and synthetic CBD risks excluding broad-spectrum hemp products, which many consumers prefer. This could reduce choice and inadvertently strengthen the illicit market.
- Labelling Requirements: The proposed warning statements are extensive and impractical for smaller products. We suggest a tiered approach, with core warnings on-pack and extended information provided via QR code or leaflet.
- THC Specification: Setting a limit of 0.00001% w/w is unrealistic given laboratory variability and conflicts with the Home Office’s 1 mg/container rule. A harmonised, practical standard is essential.
- Data Protection: Granting five years of exclusivity to applicants risks locking out SMEs already trading under the FSA’s Public List. We have called for an equivalence route to avoid disproportionate impacts.
- Enforcement: The split between local authority enforcement of Novel Foods law and police enforcement of Misuse of Drugs law creates unnecessary complexity. A joint FSA–Home Office enforcement protocol is needed.
A Balanced Approach Needed
The CTA believes the UK has a real opportunity to establish a trusted, competitive CBD market that protects consumers while enabling responsible businesses to grow. To achieve this, the regulatory framework must be workable, proportionate, and aligned with international standards.
By refining the ADI framework, reviewing THC specifications, adapting labelling requirements, and providing fair access for SMEs, the FSA can ensure that regulation delivers stability and confidence without stifling innovation or consumer choice.
Have Your Say
The consultation is open until 20 November 2025. We strongly encourage all members and stakeholders to respond directly and ensure that industry voices are heard.
Read the consultation here: FSA Consultation on CBD Novel Foods
Complete the survey here: Consultation Survey Link
The CTA will continue to engage with the FSA, the Home Office, and parliamentarians to ensure that regulation supports both consumer protection and a sustainable future for the UK CBD industry.
