The FSA's Ongoing Inaction

A Protracted Novel Foods Process

The FSA’s Novel Foods Process, introduced to ensure consumer safety, has failed to deliver on its promise. Now in its fifth year, it has yet to approve a single CBD product. For a sector forecasted to bring billions into the economy, this is more than a delay; it’s a deterrent. Businesses are succumbing to this uncertainty, with over 40% of the industry already lost.

The FSA is, in effect, suffocating an industry that has the potential not only to generate revenue but to position the UK as a leader in safe, plant-based wellness products. Every week that goes by without regulatory clarity is another week where CBD businesses in Britain fall further behind international competitors, or decide to operate outside regulation.

Disregard for Industry Data and Scientific Evidence

The FSA’s approach to setting an Acceptable Daily Intake (ADI) limit has been equally frustrating. By setting an arbitrary 10 mg per adult per day across all CBD products, the agency has ignored the wealth of industry-provided data demonstrating the safety of higher ADI levels in full-spectrum and distillate CBD products. The European Industrial Hemp Association (EIHA) has submitted extensive research, backed by toxicology studies and real-world data, supporting significantly higher safe consumption limits. Yet, the FSA persists in using data from a single isolate study, imposing restrictions across the board.

This one-size-fits-all approach is neither scientific nor practical. It disregards the substantial safety profiles and differing toxicology data between isolated CBD and full-spectrum products. To base regulation on evidence that is not representative of the majority of products is to undermine the industry and consumer choice.

International Models of Practicality and Safety

Elsewhere, nations have already moved beyond these stumbling blocks, demonstrating that there is another way. Switzerland, for example, has a regulatory framework that balances consumer safety with industry growth. Since 1995, Switzerland has allowed 0.49 mg of THC per day in adult CBD products, a limit that has proven safe and effective in protecting consumers. For nearly three decades, they have demonstrated that a regulated market can function with THC thresholds based on evidence rather than over cautious regulatory measures.

By ignoring the Swiss model, the FSA risks isolating the UK market and making it less competitive globally. It’s a model that has upheld consumer safety without stifling innovation or placing unnecessary financial burdens on businesses. It’s a model we should be looking to emulate, not ignore.

Realistic THC Limits for Consumer Safety

Research from reputable bodies, including the WHO and the UK’s own Advisory Council on the Misuse of Drugs (ACMD), indicates that the risks associated with low-level THC consumption are minimal, particularly when compared to widely available substances like alcohol and tobacco. Yet, the FSA’s stance seems to disregard this body of evidence.

The ACMD’s findings, reiterated in 2021, highlight that THC’s risk profile is far less concerning than that of alcohol or tobacco. The FSA’s approach to THC is inconsistent with the actual risk it presents to consumers. Setting a practical daily limit—such as the 0.49 mg permitted in Switzerland—would strike a balance between safety and accessibility, protecting consumers while giving them the choice of full-spectrum CBD products.

The Consequences of Inaction

The FSA’s inability to provide clear, workable guidelines for the CBD industry is not just frustrating—it’s harmful. It limits consumer access to products they clearly want and narrows the options available to those who prefer plant-based wellness solutions. As a result, UK businesses lose out to international markets that are more willing to adapt and evolve. The current approach is suffocating domestic growth, stifling innovation, and depriving consumers of the products they seek.

Consumers, too, deserve better. They deserve the freedom to choose products that are safe and regulated, without unnecessary constraints favouring the most restrictive of interpretation. We call on the FSA to listen, to review the data, and to follow the example set by more pragmatic international models. It’s time to move beyond outdated, unrepresentative data and adopt a forward-thinking approach that supports industry growth and consumer choice alike.

A Call for Change

The FSA has a choice. It can continue down this road of regulatory inertia, risking the collapse of an entire sector and multiple judicial reviews, or it can take the steps needed to unlock the potential of the CBD industry. By embracing evidence-based limits and recognising the differing profiles of isolate and full-spectrum CBD, the FSA could move us toward a thriving, safe, and innovative market that benefits everyone.

It’s time for action. The UK CBD industry, its consumers, and its supporters are waiting.