For all its caveats about endorsement and safety, the Food Standards Agency’s list of authorised CBD products marks a significant step forward in the regulation of CBD-infused foods. The 3,500-plus products are on the list because they have a credible application for authorisation with the FSA, and in the next stage of the process they will be assessed for safety.
Brands on the list have exclusive access to the market for a limited time, as products that didn’t make the cut will need to be withdrawn from the market, and newer products will still be awaiting validation and authorisation before they can be sold.
The FSA has said unauthorised products should be voluntarily removed from the market, and brands and retailers can expect to see more local enforcement now that officers have been furnished with the FSA’s list. In the absence of voluntary removal, responsibility sits with the retailer or local authorities, so it will be interesting to see how they exercise their discretion.
However, the normalisation of CBD by brands and retailers could play havoc with the management of what is still a very unregulated market. The abundance of CBD foods that are on the market but have not yet been assessed for safety, and the positioning of CBD as a wellness ingredient, mean people are becoming more familiar and comfortable with its appearance in everyday products. As well as food, we’ve become accustomed to seeing it in cosmetics and liquids for vaping. While brands are prohibited from making unfounded claims about the health benefits of CBD under consumer law, there is still an unhealthy dose of confusion among consumers and the industry about its status.
Many retailers also appear to be comfortable with stocking CBD foods on their main shop floor, as opposed to behind the counter for example. Retailers need to carefully consider which products they will stock, and where and how they will be sold – both online and in-store – including any signage or other information and any staff training needed to manage the inherent risks. Retailers should undertake a thorough risk assessment (including having a qualified person check the latest FSA list, or seeking external advice) and consider what measures they can take to manage any risks.
For brands, branding and advertising remains one of the biggest challenges because there are so many things they cannot talk about, like the effects of CBD. There are also still significant issues with age-restricted marketing and sales, restrictions on use by pregnant women and those taking any other medication, to name a few. However, the brands that have been in the market for a while have built up a lot of valuable experience and learnt how to manage this.
The day a major CPG brand launches a CBD consumable as part of an established offering is going to be a real game-changer. In the meantime, the industry should start preparing for the day the FSA starts to issue authorisations, and the impact this will have on consumer awareness, competition and potentially further regulation.
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