When the UK began the regulatory process for CBD products in late 2018, it promised to bring much-needed structure and safety to a booming but chaotic industry. Initial applications were welcomed for products on the market before 13th January 2020, and by 31st March 2021, the list of validated CBD products was closed.
What followed has been a gruelling journey for businesses, marked by shifting goalposts, bureaucratic hurdles, and financial strain.
Now, as we approach an eight-week public consultation in early 2025—the first of its kind for CBD products—there’s a palpable mood of exhaustion within the industry. For many, this process has felt less like progress and more like survival.
A Decimated Industry
The numbers speak volumes. Since the process began, as many as 50% of the original CBD businesses have either sold up or shut down entirely. These were often small-to-medium enterprises that initially helped shape the UK’s CBD market, only to be pushed out by the sheer complexity of compliance and the lack of clarity around regulations.
For those who remain, the weight of compliance has been immense. From navigating the Novel Foods application process to meeting the FSA’s ever-evolving safety standards, businesses have faced mounting costs, delays, and uncertainty. Many feel the system has favoured large, well-funded corporations, leaving smaller, independent operators struggling to survive.
The Controversial Daily Intake Guidance
Adding to the frustration is the FSA’s conservative approach to setting safety thresholds. The blanket Acceptable Daily Intake (ADI) of 10 mg for healthy adults has been a sticking point for many in the industry. Independent studies submitted to the FSA argue that this limit is far too restrictive, particularly for broad-spectrum and full-spectrum CBD products, which naturally contain a wider range of cannabinoids and other beneficial compounds.
Unlike isolates, these products are designed to offer the "entourage effect," a synergistic interaction between cannabinoids that may enhance their efficacy. Applying the same strict ADI across all product types undermines this key differentiation and risks alienating consumers who rely on higher doses for their wellness routines.
The First Public Consultation: A Glimmer of Hope?
With the advent of Professor Susan Jebb taking over as head of the board of the FSA, there is a move to better transparency and focus on sorting out the Novel Food Process. Long May it continue.
The upcoming public consultation in early 2025 offers a rare opportunity for businesses, consumers, and stakeholders to voice their concerns and influence the future of CBD regulation in the UK. While this step is long overdue, it represents a chance to address the shortcomings of the current system.
For many, the hope is that this consultation will lead to a more nuanced approach—one that recognises the differences between product types and sets standards that are both scientifically robust and commercially viable.
Moving Forward, Learning from the Past
The UK CBD industry stands at a crossroads. The journey so far has been anything but smooth, and the fatigue among those still standing is real. However, the upcoming consultation could mark a turning point. By listening to industry experts, considering independent research, and adopting a more inclusive regulatory framework, the FSA has an opportunity to rebuild trust and support sustainable growth.
For now, the mood may be one of exhaustion, but it’s underpinned by a resilience and determination that has characterised this industry from the start. There’s hope that with the right adjustments, the UK can finally establish itself as a global leader in the CBD space—balancing safety, innovation, and accessibility for all.
https://www.food.gov.uk/board-papers/cbd-novel-food-applications
Published - 3rd December 2024
