THE FSA’s STANCE ON THE PUBLIC LIST FOLLOWING THEIR ADVICE TO LIMIT CBD INGESTION TO 10mg PER DAY – A CONTRADICTION IN TERMS
We have had a number of clients approach us over the last 24 hours with concerns about the “10mg Advice” and the lack of a joined-up, logical policy in respect of products on the Public List.
Where a product with a single consumer unit with a CBD content greater than 10mg appears on the Public List (e.g. a 25mg gummy, capsule or drink), the FSA’s advice is that they caution the consumer against the purchase and ingestion of it. The corollary of that is that it is their advice that the manufacturer and retailer should not sell that product – for the very same reasons that it does not recommend that the consumer ingest it.
In response to the FSA “advice” one might expect a responsible Brand to seek to comply with the “10mg Advice” by reducing the CBD content in their single-consumption unit (e.g. their gummy, capsule or drink) whilst retaining all other ingredients exactly as they were before – in essence it is exactly the same product, but with a strength which is now being “advised” as appropriate by the FSA.
However, in our meeting with the FSA yesterday morning we raised this issue and we were told that the reduced-strength product would constitute a “new to market” product, would breach their “New to Market Policy”, would not be added to the Public List and thus, could not be sold with the protection afforded to products which are on the Public List.
We are told that policy decisions are to be made about how the FSA will deal with the incongruity created by the introduction of their “10mg Advice”, but that they have not yet been made, that there is no timescale in which they should be made and, in the meantime, their advice was for Brands not to change the dosage within these products (or to make any corresponding changes to the products’ packaging or consumption advice).
In essence, the FSA have issued non-binding “Advice”, asked people to comply with it but precluded any means by which they are able to comply with it (save for the complete withdrawal of the products which fall within the category). This is, in our view, counter-intuitive, counter-productive, non-sensical and exactly the opposite of what one might think would be in the interests of the consumer.
Today we have seen the Retail Consortium, insurers and banking establishments react overnight to some of the more outlandish reporting of this new non-binding “Advice”, which have caused products to be remove from sale which, under the definitions and terms of the FSA’s own and existing Public List – and following their indications to us yesterday – are entirely eligible for sale.
The effect of these product withdrawals, will – in the absence of swift clarification from the FSA – lead to:
- confusion amongst consumers;
- a lack of investor confidence;
- loss of revenues across the industry;
- an increase in staff lay-offs, contributing directly to an increase unemployment; and,
- reduced tax contributions from companies (which now pay 25% tax) and individuals (many of whom within the industry pay 40% tax);
all at a time when the UK economy needs stimulation, not what is effectively a “good hiding”.
It is inherent within the new “Advice”, which is very conservative, that there is no consumer harm at the 10mg/day level and, for companies which have invested heavily on seeking to be regulatory compliant, it is unfair (to put it mildly) that they can no longer be regulatory compliant when complying with the new “Advice”. They seem to be damned if they do and damned if they don’t – “heads I win, tails you lose”.
However, it is not only the companies that will lose, it will be the consumer also, because the FSA are actually denying them the ability to access products which they (the FSA) deem safe and restricting the consumer’s choice to products which they (the FSA) actually deem as unsafe.
We are urgently calling upon the FSA to provide a published policy that will allow those with products on the Public List to maintain that listing whilst producing a 10mg single-consumption unit compliant product without fear of action from enforcement (on the basis that all other aspects of the product remain unaltered).
As an aside, were any Brand to go ahead and reduce the CBD strength of a Product on the Public List, then we imagine that any enforcement action in respect of that “new product” should Trading Standards seek to remove it from the shelves due to its non-compliance with the “New to Market Policy” (but with its very existence being motivated by a desire to comply with the FSA’s contradictory “10mg Advice”) would be a hard-sell as being required in the public interest.
We are not looking to monetise the current situation, we are not seeking donations to a “campaign”, nor to become self-appointed “representatives of the industry”. We are not a subscription “Association” or “Council” or a “Trade” or “Industry” body (and nor will we ever join such an entity given what good they (never/ever?) do), but anyone who wishes to lend their volume to our collective voice on this single issue is welcome to email us at info@thecannaconsutants.co.uk and we will include you as interested parties in our correspondence and interaction with the FSA.
Remember what we always say: Be Careful Who You Listen To
