CBD products linked to a submitted, rather than validated, novel food application can now remain on the UK market after 31 March, according to new guidance from regulator the Food Standards Agency.
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In May we published an analysis of the Judgement of Advocate General Tanchev in respect of the Kanavape case, “Can the movement of CBD within the European Member States be prohibited it if is derived from prohibited elements of the plant?”. We observed that there was “good” and “bad” in the provisional Opinion.
We have reproduced the questions as they have been submitted in order not to interfere with them. If you are unable to answer the question as drafted, we would encourage you to answer what you feel is the import of the question in order that market participant is not disadvantaged by potentially poor language selection in their phraseology.
Is the FSA's policy that any CBD "New to Market" products will be treated differently than those "Already on the Market" justified despite there being no difference in their potential risks? Perhaps the more telling question is whether the policy will be sustained in the face of an inevitable legal challenge?
It was with interest that on the evening of 13th June 2020 we discovered (from the Business Cann website) that, what we at The Canna Consultants had thought was on the cards for many months, had actually come to pass. The headline read ““Disagreement” sees Europe’s largest trade association lose its Chairman”.