Functional Ingredients UK approach to CBD products post-Brexit


Bud & Tender is primarily a research and development company that specialise in premium CBD cannabis oil - multi-award winning, approved and recommended by the Medical Cannabis Clinicians Society and on the Food Standards Agency Novel Foods list. Their Director, Charles Clowes commented: “The pandemic had a profound effect, not only did Bud & Tender receive a lot more enquiries and direct purchases - because people were really focusing in on their health - but we also supported and sold our proprietary CBD cannabis oil to individuals and businesses who wanted to incorporate it within a chocolate-based product where quality and effectiveness is paramount.” When asked if the FSA regulation is a good thing, he answers: “Legislation and regulation that’s in the public’s best interest; that is fair and proportionate, creating an environment for the industry to thrive, supporting the UK’s economy and the environment will always be a good thing.” Jade Proudman, CEO and founder of Savage Cabbage, provider of hemp, health and natural wellness products, agrees: “Regulation for quality and safety of any product we use is necessary, consumers need to feel confident that the products they are buying are of the best possible standards. The UK CBD Industry has undergone a long evaluation process and in my view is in the beginnings of legitimising an industry that has had to operate in a grey area for quite some time.”


Any products which do not appear on the FSA public list or are marked as ‘removed’ must be withdrawn from the market, meaning the related novel food application has been deemed unsuitable for progressing to authorisation. “I understand the need for regulation,” says Nimra Rana, Founder of Wxllnxss. “When I joined the market there was an obvious lack of traceable, clearly labelled products. All of our ingestible products are validated and published on the list. However with the new rules, there is uncertainty around developing new products, which may deter new sellers and smaller existing brands from excelling in the market. The FSA’s requirement of when the product was on the market is not a measurement of the quality of a product. Product development is key for the growth of an industry and from the way things are currently, the regulators are not encouraging that.”


The cannabinoid CBD is extracted from the hemp/cannabis plant with the majority of CBD and CBD related products imported from Europe, America and Asia so the legislation and regulation needs to evolve so that UK farmers can participate in supplying this functional ingredient, which in turn will help to support the domestic economy and environment. On the 31st of January 2020 (Brexit) the UK stopped being a member of the European Union (EU), 17.4m people voted to leave the EU. On the 13th February 2020 the Food Standards Agency (FSA) adopted the EU’s approach to the classification of CBD as a Novel Food and announced that all CBD products on the UK market must have a novel food application through the validation phase of the review process before 31 March 2021.


20 Kennedy’s Confection May 2022


As the UK was now in the transition period there was and still is the opportunity for the UK to do things differently and better. The danger is that a monopoly of supply is created which would be against UK competition laws and regulations.


“Foods and drinks with functional ingredients and especially those with a confectionery element will only continue to grow,” predicts Charles. “Quality, price and the fact that an ingredient is plant-based only adds to the desirability, but how ‘healthy’ the product is must become more transparent as, without a doubt, there are times for products that deliver functional performance and times for a little bit of luxury using some ingredients that might not be considered as ‘healthy’ as others.


KennedysConfection.com


“Educating customers that have a preconceived notion


of what CBD will do for them is more difficult than telling someone that they should add spirulina to their diet”


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