Industry leaders are increasingly echoing Sir Keir Starmer’s damning description of the British state as “flabby, unfocused and over-cautious.” Nowhere is this more evident than in the quagmire of UK regulatory bodies, whose inefficiencies and heavy-handed bureaucracy are stifling innovation. 

From novel foods to medicines and controlled substances, businesses are frustrated by sluggish approvals, poor communication, and shifting goalposts. Using the Food Standards Agency’s novel foods approval saga as a prime example, this analysis examines how key regulators – including the FSA, MHRA, VMD, and the Home Office – embody a risk-averse inertia that threatens to hobble UK industry. We explore specific failings, their economic consequences, and why urgent reform is needed to transform these regulators from obstacles into enablers of innovation.

FSA and Novel Foods: A Case Study in Delay and Uncertainty

The Food Standards Agency’s handling of novel foods – particularly the process for approving cannabidiol (CBD) products – has become emblematic of regulatory drift. Businesses that submitted novel food applications as far back as 2021 are still awaiting full authorisation, far beyond the timelines set in law . According to the Cannabis Trades Association the FSA has “wholly failed to comply” with legal requirements to validate applications within one month and complete risk assessments within nine months . As of April 2024, only about half of the 12,000+ CBD products that applied have even been validated for interim sale, with the rest stuck in limbo marked “awaiting evidence” . This glacial pace has created a backlog that by any measure can be described as flabby and over-cautious.

Industry experts say the novel foods procedure is moving at a “deathly slow pace” due to an ill-thought-through process that has left companies and investors in the lurch . The FSA itself claims that actual product authorisations might finally arrive by late 2023 or early 2024, but even that modest forecast was met with skepticism . A glaring example of bureaucratic torpor is the lack of an agreed THC limit for CBD products – a critical detail for approval. The Advisory Council on the Misuse of Drugs (ACMD) provided clear recommendations back in 2021 for a legal THC threshold in consumer CBD . 

Yet the Home Office has still not formally responded to these recommendations, leaving the FSA unable to define “safe” THC levels and thereby stalling approvals . This inter-agency breakdown means CBD businesses remain trapped in regulatory purgatory through no fault of their own. As Steve Moore of the ACI observes, the process has left the entire sector “mired in uncertainty,” eroding investor confidence and forcing many brands to fold under the cost and delay . In short, the FSA’s novel foods regime has become a perfect storm of delay and ambiguity that exemplifies Starmer’s critique. An approval framework meant to ensure safety has instead become a byword for bureaucratic inertia, where caution tips into paralysis.

MHRA: Poor Communication and Slow Progress in Medicines Regulation

It’s not just food innovators feeling the strain – the Medicines and Healthcare products Regulatory Agency (MHRA) has also faced industry ire for sluggishness and poor stakeholder engagement. The MHRA, once regarded as a world-leading medicines regulator, has struggled in recent years amid Brexit changes, COVID-19 demands and internal restructuring . The result, according to a pharma industry report, is unpredictability and capacity shortfalls that actively deter investment. In a survey of top pharmaceutical executives, 84% said the MHRA’s limited capacity and unpredictability had a negative impact on their UK investment decisions . This is a sobering statistic: a regulator that should attract innovation is instead driving it away due to its performance issues. 

The Association of the British Pharmaceutical Industry (ABPI) warns that under-resourcing has undermined the MHRA’s standing and “threatens the UK’s competitiveness in life sciences” . In other words, a slow, capacity-strapped regulator makes the UK a less attractive place to launch new drugs or trials, giving rival jurisdictions an edge.

A key complaint from industry is the lack of clear, timely communication and engagement by the MHRA. Companies often struggle to get prompt guidance or feedback, and policy shifts can come with insufficient consultation. Recognising this, the ABPI’s recent recommendations include creating more channels for informal engagement with stakeholders – an implicit acknowledgment that current communication is lacking . The agency’s overly cautious approach can manifest in protracted approval timelines that lag behind international peers. In fact, since gaining independence from EU oversight, UK drug approvals have notably slowed. 

A recent analysis found that in 2023, 56 new medicines were approved in Europe before the UK, and eight were still not approved in the UK at all . Only four drugs got to UK patients faster than to EU consumers . This delay in access doesn’t just hurt patients; it undercuts UK pharma firms who find their home market a lower priority or who must watch global competitors move ahead while they wait. The MHRA’s hesitance and “over-cautious” posture in decision-making are thus translating into real competitive disadvantages – slower time-to-market, duplicated R&D costs for separate UK approvals, and a risk that companies will simply launch elsewhere first. For an agency meant to speed medical innovation to patients, such outcomes signal a pressing need for agility and better dialogue with those it regulates.

VMD: Stalled Reforms and a Disengaged Approach

The Veterinary Medicines Directorate (VMD), responsible for animal health product regulation, presents a similar story of bureaucratic delay hampering industry planning. In the wake of Brexit, the VMD has been reviewing the UK’s Veterinary Medicines Regulations (VMR) – yet progress has been painfully slow. A public consultation on modernising the rules, which was meant to keep Britain in step with global best practices, has faced repeated postponements. Industry stakeholders have voiced frustration at these delays, noting that UK veterinary businesses remain stuck operating under outdated, EU-derived rules while other regions forge ahead with streamlined processes . 

The National Office of Animal Health (NOAH) warned in late 2022 that the government’s sluggishness in launching the VMR consultation left its members in a “climate of uncertainty” that undermines their ability to plan investments in the UK . Firms are effectively handcuffed by regulations from a superseded EU Directive, unable to take advantage of improvements that reduce administrative burdens and encourage innovation in other markets .

The consequences of this inaction are tangible. UK animal health companies risk falling behind because they cannot readily introduce new vaccines, medicines or technologies under an antiquated rulebook. NOAH cautioned that if the VMR review continues to drag, UK animals (and their owners and vets) could “miss out” on the latest advancements available elsewhere . Here too, communication seems to be a weak point. Rather than working closely with the industry on a clear timetable for reform, authorities left stakeholders largely in the dark until the frustration boiled over publicly. 

The VMD’s apparent lack of direct engagement – failing to explain delays or provide a roadmap – has only amplified business uncertainty. For smaller companies in particular, prolonged regulatory limbo and extra red tape can be fatal to innovation, as resources are spent navigating bureaucracy instead of R&D. In a sector that prides itself on protecting animal and public health through innovation, a slow-moving regulator that cannot or will not promptly update its processes is rightly seen as “flabby” and unfocused, to borrow Starmer’s terms.

Home Office: When Caution Becomes a Barrier to Innovation

Many industries also find themselves stymied by the Home Office, especially where business intersects with controlled substances or security regulations. The Home Office’s mandate to ensure public safety is vital, but its overly cautious stance and poor stakeholder communication have turned it into a bottleneck for emerging sectors like cannabis-derived products and psychedelic research. 

The debacle over CBD novel foods is a prime example of inter-departmental gridlock: even as the FSA groped for a path forward on CBD safety, the Home Office sat on critical advice about acceptable THC limits, failing to even respond to recommendations for years . That silence spoke volumes to industry operators, who saw an agency unwilling to engage or provide clarity on a matter directly affecting hundreds of businesses. Such lack of coordination between the Home Office and FSA not only delayed regulatory approvals, but also undermined confidence that regulators actually understand the industries they oversee.

Beyond CBD, research and innovation in controlled drugs have long suffered from Home Office red tape. All psychedelics (except ketamine) and many cannabis-related compounds are classified in the UK’s most restrictive schedule, requiring a Home Office licence even for scientific research. Obtaining these licences is a notoriously time-consuming and opaque process, often taking around a year and involving cumbersome paperwork and security hurdles . Academics and biotech firms alike report that the licensing delays are a “significant barrier” to research, making studies “time-consuming, expensive and logistically difficult” under the current regime . In practical terms, this means promising research into medical treatments can be postponed or abandoned, and companies exploring areas like psychedelic therapies or cannabinoid medicines may choose to relocate trials overseas where regulators are more engaged and supportive. 

The Home Office’s reluctance to modernise – or even directly discuss – its approach with scientists and entrepreneurs has fostered a sense that the UK is closed for business in certain high-growth sectors. If over-caution calcifies into obstinacy, the UK will watch breakthroughs in areas like medical cannabis, novel psychoactive therapies, or even advanced security tech happen elsewhere while our domestic industry treads water.

Consequences of Regulatory Inefficiency

When regulators become more obstacle than guardian, the ripple effects on the economy and competitiveness are profound. If the current inefficiencies remain unaddressed, the UK risks the following consequences:

  • Industry Stagnation: Overbearing bureaucracy and endless waits sap the incentive to innovate. Companies large and small may shelve R&D projects or new product launches in the UK, leading to a stagnation of industry growth. In the novel foods sector, for instance, many CBD entrepreneurs have already shut up shop amid the prolonged uncertainty . Similarly, delayed veterinary regulations mean fewer new animal health solutions coming to market, slowing progress across the field.
  • Loss of Investor Confidence: Investors are increasingly wary of sinking capital into ventures subject to capricious or slow UK regulatory approval. Unpredictable timelines and unclear rules translate into higher risk. This has been vividly seen in the CBD market, where investors have “lost confidence in the regulator’s approach” as the process dragged on . In pharma too, global firms weigh the UK’s regulatory hurdles when allocating investment – a majority of executives say current MHRA performance negatively sways those decisions . If nothing changes, the UK could see an exodus of funding to more regulator-friendly environments.
  • Competitive Disadvantage: A sluggish regulator is essentially an economic handicap. UK businesses find themselves a step behind international rivals when approvals take longer at home than abroad. For example, Britain’s slower drug authorisations mean patients here get new treatments later, and UK pharma companies often must play catch-up with EU or US competitors . In emerging industries like sustainable proteins or advanced therapies, an agile regulatory regime in countries like the US, EU, or even Singapore can give foreign firms a head start while British innovations languish in approval queues. Over time, this gap could cement the UK’s reputation as a second-tier market, causing innovative companies to launch elsewhere first by default.
  • Brain Drain and Relocation: Perhaps most worryingly, if researchers, entrepreneurs, and companies conclude that UK regulators will hold back their ambitions, they will take their talent and business elsewhere. Life science startups might base clinical trials in countries with more streamlined oversight. Food tech innovators could choose to debut novel products in markets with clearer novel foods pathways. This brain drain would be a slow bleed of expertise and economic activity – a self-inflicted wound from clinging to over-cautious systems.

Reforming Regulators: From Roadblocks to Enablers

The writing is on the wall: without immediate and meaningful reform, the UK’s regulatory bodies will continue to hamstring the very industries they are meant to support. To avoid a future of missed opportunities, the government and the regulators themselves must embrace structural changes and greater accountability. 

Sir Keir Starmer’s broadside against the “flabby” state highlights a political appetite for slimming down quangos and refocusing their purpose – a sentiment industry would welcome when it comes to the FSA, MHRA, VMD, Home Office and others. What might this look like in practice? At a minimum, it means setting and enforcing clear performance targets for approvals so that timelines cannot slip indefinitely without consequence. 

Regulators should be required to regularly report on their backlog and processing times – shining a light on any “hidden” delays – and face independent scrutiny if they chronically underperform. An injection of resources may be necessary in agencies like the MHRA, but with it must come a culture shift: proactive engagement with stakeholders and a mindset that sees regulated businesses as partners in public protection, not adversaries.

Structural reform could include consolidating overlapping functions to cut down duplication and finger-pointing between agencies. For example, if the FSA and Home Office cannot coordinate on something as straightforward as setting a trace THC limit, perhaps a joint taskforce or a streamlined chain of command is needed for products that straddle food and controlled substance laws. Likewise, empowering a single window or “sandbox” for novel products (as the FSA has hinted with a new innovation sandbox for novel foods) can help speed up approvals by letting companies and regulators work collaboratively in real-time . 

Above all, regulators must remember their core mission: to enable safe innovation. Caution is vital in regulation, but when caution turns to inaction and endless process, it serves no one. The UK can ill afford regulators who prefer not to decide.

In conclusion, the malaise afflicting UK regulatory bodies is now a serious economic concern. The FSA’s novel foods ordeal, the MHRA’s post-Brexit blunders, the VMD’s stalled reforms, and the Home Office’s rigidity all paint a picture of regulatory agencies that are, indeed, unfocused on the needs of the industries they oversee and over-cautious to the point of self-defeat. Reversing this trend will require bold leadership and a willingness to hold these bodies to account. 

The prize for getting it right is substantial: a reinvigorated regulatory environment where safety and innovation advance in tandem, where businesses have confidence that the rules are clear and timelines reasonable, and where the UK reclaims its place at the forefront of global innovation. The alternative – if dithering and bureaucracy prevail – is a slow slide into irrelevance, as the rest of the world forges ahead. It’s time for Britain’s regulators to shed the flab, sharpen their focus, and remember that effective oversight and economic vitality must go hand in hand. The industries of the UK are watching, and waiting, for a regulatory renaissance.

The Hemp Trades Association UK Ltd t/a Cannabis Trades Association is a not-for-profit company limited by guarantee registered in England and Wales under company number 10472540 41 Wincolmlee, Hull, Yorkshire, HU2 8AG, United Kingdom.
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