The Food Standards Agency (FSA) is working to publish a list of approved CBD products. According to the FSA, this list will be updated alongside validated applications. However, in the meantime, the public can expect a bulk form list, detailing applications that are “awaiting evidence”.
Last year, the FSA announced that CBD companies were to file novel foods applications by 31 March 2021. This only affected CBD companies with consumable products. Now, the UK could be the first country in the world to regulate cannabis extract in consumable products – with the publication of their list.
The FSA needs new data
It should be known that the FSA are now working through applications at an accelerated pace. In January 2022, a number of companies that had submitted timely applications received requests for further information in an effort to either approve or reject the applications in the immediate future. This featured requests for bolstered food safety evidence. Now, these companies must submit the updated documents by 28 February 2022.
“Some applicants have based their safety cases on literature reviews of studies to support their applications,” Paul Tossell, Head of Novel Foods at the FSA, said. He elaborated on this, commenting that this was not considered sufficient evidence to the FSA. Mr Tossell also said that the FSA has now requested that these applicants supplement their applications with supporting data by the aforementioned deadline.
Where does this leave white labelled products?
Many CBD manufacturers have requested more information regarding white label products. Generally, products available on the market prior to the FSA announcement (i.e., in February 2020), are authorised for white labelling. However, newer products, released at a later date, might not, further clarification has been sought by companies like Cannmed
“We have requested information on what the white label guidelines will be once our base products are approved. We believe that products that meet all the criteria by one client should not be excluded from another client wishing to enter the UK market. To ban new CBD brands based solely on the fact that one brand has been launched at a later date, while both will be selling the exact same and approved product would seem unusual. It is our belief that the FSA will continue to work with companies both new and old within the CBD space to find a balance that ensures the supply change is regulated but does not become a closed market. We believe the FSA is making great progress of late and we are very interested in what the laws will be for allowing new competition in 2022 and beyond.”
Dave Hughes CEO Cannmed Products one of the UK’s leading white label companies
The FSA commented on this, stating that products launched prior to the announcement will be allowed to remain on the market. However, these product manufacturers should have already submitted an application – one that is already validated, or is in the process of validation.
It is also important to highlight that B2B white label sales can continue, as per usual. B2C sales featuring finished products, however, must have pre-market authorisation – especially if it was manufactured and sold before the FSA announcement on 13 February 2020.
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