CBD and novel foods regulation: A watershed moment

A particularly significant development in novel foods regulation concerns cannabidiol (CBD) products.

CBD falls under novel foods regulation in Great Britain as it was not consumed to a significant degree in the EU before 15 May 1997, requiring pre-market authorisation from the Food Standards Agency (FSA) before legal sale.

In this article, we review the history of regulatory challenges for businesses operating in the CBD market in the UK, and the potential implications of the first CBD authorisation consultation on the industry.  

Regulatory background and market uncertainty

The FSA established a transitional period in February 2020, requiring businesses to submit novel food applications by 31 March 2021 for existing CBD products.

Only products with "validated" applications could remain on sale during the assessment process. However, no CBD applications had been approved until recently, creating significant market uncertainty.

Market uncertainty and transitional arrangements

August 2025 consultation: First CBD authorisation applications

In August 2025, the FSA opened its first public consultation on applications for authorisation of three specific CBD food products as novel foods.

The consultation opened on 14 August 2025 and closes on 6 November 2025. This represents a watershed moment for the CBD industry, potentially establishing the first authorised CBD products in Great Britain and setting crucial precedents for safety data requirements, labelling standards, and market access.

Industry challenges and enforcement

The CBD sector faces unique regulatory challenges including complex safety data requirements, extensive toxicological studies, and concerns about drug interactions and appropriate dosage levels. Compliance costs have been substantial, with many businesses investing significantly in safety documentation while awaiting regulatory clarity.

Trading Standards authorities have actively enforced against non-compliant products, resulting in numerous market removals.

These regulatory challenges have created significant barriers to market entry and compliance for CBD businesses operating in Great Britain.

Strategic implications for food businesses

For businesses operating in or considering entry to the CBD market, the consultation outcomes will be critical for strategic planning. Successful authorisation of these initial products could unlock broader market opportunities and provide templates for future applications. 

Food businesses should monitor the consultation results closely and ensure any CBD products maintain validated novel food applications while avoiding medical claims in marketing materials.