I BUY FROM A CANNABINOID MANUFACTURER; WILL I HAVE TO MAKE AN APPLICATION?
We are aware of White Label suppliers and/or ingredient manufacturers informing purchasers of those products and/or ingredients that they (the Brand) will not need to seek Novel Food Authorisation. Statements such as this have the potential to be very misleading and very economically damaging to the Brand, to the supplier’s benefit.
If the product which the Brand sells is a “pure” White Label product, by which we mean that the Brand does nothing to the product that it purchases, simply labels it and places the product for sale, then it is probably the case that the Brand will not need to make an application (assuming that the supplier is able to pass the Validation process), other than registering the name of the product with the UK FSA as being unchanged from the product which has the benefit of the UK FSA’s marketing exemption granted to the White Label producer (and later the Novel Food Authorisation, assuming that the application successfully proceeds through the Risk Assessment phase and is added to the Union List/UK List).
However, where the Brand:
- purchases base ingredients and manufactures the end-product itself (or sub-contracts the manufacture of their product to a third-party); or,
- adds ingredients to the White Label base product; or,
- does anything else to the White Label base product which changes it,
then it will be a different product than that for which the White Label supplier has submitted an Application/achieved Authorisation and the Brand will need to submit a Novel Food application for their product.
This does not necessarily mean that the Brand will be required to undertake all of the scientific testing which has been undertaken by their White Label and/or ingredient supplier, but the Brand will need to provide their supplier’s data with their own application (assuming that their supplier is willing to permit them access to and use of the proprietary data), plus the Brand’s own data in respect of the product that they themselves have created.