Date: May 14, 2020
Keller and Heckman Partner Katia Merten-Lentz was quoted in the FoodNavigator article, “CBD and Novel Foods: A Guide to Who, What and When.” Cannabidiol (CBD) is considered a Novel Food by European regulators. It was placed on the Novel Foods Catalogue in January 2019, meaning that the ingredient requires pre-market authorisation. The difficulty is that the Novel Foods classification was applied to an emergent – but already existing – industry.
This situation has been able to arise because enforcement across the European Union is patchy. Responding to this situation, the UK Food Standards Agency (FSA) has set a clear deadline – 31 March 2021 – by which time all CBD products will need to have submitted a validated Novel Food application (NFA). “To get a green light from the EU Commission the dossier has to be as detailed as possible and as consistent as possible, both on a regulatory perspective and a scientific one in order to demonstrate that, first of all the new ingredient is safe and, secondly, the consumer will not be misled,” noted Ms. Merten-Lentz. She concluded that most – but not all – CBD brands will be covered by a Novel Foods application submitted by their ingredient supplier.
The Novel Foods process is notoriously costly and time consuming. From the date an application is submitted, it will take around two years before final approval is granted.
To read the full article, click here.