CBD in food supplements: a complex case
A ‘Novel Food’ in the process of being approved
CBD, and more broadly hemp, falls under the classification of Novel Foods. Products that have not been consumed in a significant way before May 1997 are considered Novel Foods. From a regulatory point of view, in the absence of proof of significant consumption, a pre-registration authorization procedure is necessary to market a CBD-based food product.
In 3 years, no less than 113 food products containing unauthorized CBD have been notified on the RASFF (Rapid Alert System for Food and Feed) portal. No form of CBD has yet been approved by the European authorities for use in food supplements.
Reminder on the compliance of food supplements
In addition to the regulation of CBD, there is the question of the food supplements regulation within the European Union. The European directive concerning food supplements (Framework Directive 2002/46/EC), is a framework that offers a margin of appreciation to each Member state. To learn more on that topic, we recommend you read our article: how to market your food supplements.
A hope for 2022
The explosion of the cannabidiol market translates into a growing presence in consumer goods, such as cosmetics with CBD extracts. The non-harmonized legalization of CBD and food supplements divides Europe and requires a high-level of vigilance regarding the law, but also concerning the claims.
However, the legalization of CBD in the food sector could happen very soon. Indeed, 3 authorization requests have been submitted by the European Commission for evaluation by the EFSA (European Food Safety Authority), concerning synthetic CBD varieties. Our experts are awaiting the soon-to-come reply from the related Authority.
The CBD flower: a debate at the heart of the news
Free movement of goods in the EU
The 19 November 2020 ruling of the CJEU (Court of Justice of the European Union) on the legalization of CBD highlights that it cannot be qualified as a narcotic product. Member States cannot, in this case, oppose its free movement and marketing, regardless of its form if it has been legally produced by another Member State within the EU zone. The raw hemp plant put into circulation must respect a THC concentration lower than 0.3%. This figure has been increased by the European Parliament in order to face the growing competition from China and the United States on this market.
The case of France: the CBD flower forbidden for the consumers
On December 30th 2021, a decree from the Ministry of Health ruled on the legalization of CBD, repealing the decree of August 22nd 1990 which limited the cultivation and exploitation of hemp to its fibers and seeds in the construction and textile sectors. The cultivation and extraction of hemp in its entirety is now authorized for the industrial sector. However, the importation, marketing and possession of cannabis flowers and leaves (raw or in mixtures) are prohibited for consumers. In summary, the extraction of natural CBD becomes possible in France but only within a strict legal framework and for the purpose of resale to a professional, who will be able to use these extracts for his end products.
Wish to know more about food supplements?
For more information, do not hesitate to contact Cornelia Garaudel or one of our experts!
