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  • Regulatory House

CBDs has to be considered novel food

Court of Justice of the European Union ruled in 19 November 2020 that cannabidiol (CBD) ‘does not appear to have any psychotropic effect or any harmful effect on human health ’(1) ,and therefore cannabidiol should not be considered as drug within the meaning of the United Nations Single Convention on Narcotic Drugs of 1961.

As a consequence, cannabidiol can be qualified as food, provided that also the other conditions of Article 2 of Regulation (EC) No178/2002 are met.


In 2019, Member States considered that no history of human consumption for cannabidiol as food before 15 May 1997 could be demonstrated, and that it should be regarded as ‘novel’, and thus be subject to the novel food Regulation. Such products must therefore go through a pre-market authorisation proces.


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