The novel food status of CBD oil is causing concern among many retailers and causing uncertainty among market participants as to whether their product is being sold illegally.
1.) Why is CBD oil controversial?
In January 2019, the novel food catalogue was changed and currently hemp flowers, hemp leaves and hemp extracts made from industrial hemp, and therefore the cannabidiols – CBD for short – are considered novel foods.
2.) EIHA – European Industrial Hemp Association’s hemp research initiative
In the opinion of EIHA – European Industrial Hemp Association – CBD was wrongly reclassified as a novel food, despite the fact that there is ample evidence that people have been consuming CBD with hemp foods for centuries.
As a representative of the entire hemp industry, the EIHA launched a significant budget in mid-2020 to finance CBD and THC research, later making 3.5 million euros available, considering that each licensing procedure can cost up to 500,000 euros, as numerous toxicology studies may be required during the procedures.
The aim is to submit 4 new food applications for CBD active ingredients in the EU for the first time, so to speak, across companies – i.e. not related to just one company – as this is the only way to ensure legal and planning security for the European hemp industry.
3.) The future of CBD – risk of addiction?
After the market sale of CBD products was banned in France, the European Court of Justice had to decide whether cannabidiol is an addictive substance or a food.
In its judgment published at the end of 2020, the EU Court of Justice followed the opinion also expressed by the WHO and found that CBD is neither a drug nor an addictive substance, which is therefore not mentioned in the list of psychotropic substances in the relevant international conventions, and thus it is a food – i.e. the green light has been given to authorizing CBD products as novel foods.
The European Commission is re-examining applications for approval of CBD products as novel foods.
4.) CBD applications
CBD is used in various foods in both naturally synthesized and artificially produced forms; dozens of procedures are currently underway to authorize CBD oil in both forms.