The survey of 384 cannabidiol (CBD) product users discovered that just 42% of users were aware that CBD products were unauthorized in the UK and 54% were unaware of the FSA’s 10mg per day limit.
Commissioned by the FSA, research agency Ipsos UK took a nationally representative starting sample of 1,968 adults aged 18-75 in England, Wales and Northern Ireland, of which 384 participants reported using CBD in the past 12 months. Of the 384, nearly 60% reported feeling reliant on these products.
The most common reason for use was to support general wellbeing (46%), followed by managing mental health conditions (40%). Using CBD for pain relief (34%) and managing physical symptoms (26%) was less common but those using CBD for these reasons were more likely to say they felt reliant.
The most commonly used format was drinks, followed by oils, but all formats, including food, supplements and chewables, had a fairly equal usage split.
Regarding purchase decision drivers, results revealed trust in the retailer/brand, value for money, product strength and price were the most important factors.
Before taking the survey, 42% of users were aware that CBD products have not been authorized for use for food and food supplements in the UK; and that the FSA published a public list of products being considered for authorisation (45% aware – with 25% saying they have used the list).
Just over half of users were unaware that the FSA recently reduced the safe upper limit for CBD from 70mg to 10mg per day. However, of those who were aware, most (94%) said they always or sometimes followed this guidance.
Around two-thirds (63%) were very or fairly concerned about consuming CBD products that were not authorised for use in foods and food supplements and 70% said they were likely to check the FSA’s public list in the future.
Clarity coming soon?
While CBD is technically classified as a novel food requiring pre-market authorization, the FSA chose a different approach to the EU in order to prevent the immediate collapse of the industry.
Products that were on the market before February 13, 2020, and had submitted a credible novel food application by March 31, 2021, were permitted to stay on sale while undergoing safety assessments.
The FSA’s public list keeps an exhaustive record of all applications progressing, with full authorization anticipated in Autumn 2026.
However, Tallon noted a proposed “dynamic alignment” between the UK and EU on Sanitary and Phytosanitary (SPS) products could lead to the UK becoming a ruler taker, not maker, if UK authorizations aren’t complete by the time SPS negotiations are concluded.
A missed opportunity
Dr Mark Tallon, managing partner of Food law firm Legal Foods, questioned why the FSA did not use this opportunity to assess the prevalence of side effects, given the authority’s apparent safety concerns.
“Over the last seven years, all we have talked about is the safety of CBD to the detriment, and in our view destruction, of what could have been a major industry for the UK market,” he said.
“What we have had, due to the delays in place by regulators, is an experiment on the consumer. The experiment is the national exposure to a novel food.”
He argued that what the FSA did not choose to ask “speaks volumes”, with no question about whether the consumers had experienced any adverse side effects.
“This would have been a great opportunity to take a look and just how harmful (or not) that seven years of consumer exposure has been,” he said. “The responses to this simple question could give indications of the effects of real world use not the theoretical effects used by FSA to support a dose so restrictive as to cripple the CBD market.”
He noted the results revealed that consumers will follow guidance when they are aware of it (94% said they always or sometimes followed guidance).
“What can be taken from this is labelling (dose guidance) is effective as a risk measure,” Tallon said. “This may be even more effective if the label has an overt warning.”
He therefore argued warnings on labels would be a better solution than a highly restrictive safe daily limit for all, based on concerns related to vulnerable groups.
“As such why are we seeing excessive uncertainty factors applied to force industry to a 10mg dose?”
Tallon called on CBD organizations to utilize membership fees to carry consumer surveys to answer the questions that might impact the future of the industry, adding that now “is the to act if you are looking to influence ministerial sign off”.
