SAFETY STANDARDS SHOULD BE DRIVEN BY THE REGULATORS AND SCIENCE, NOT BY COMMERCIAL ENTITIES OR ASSOCIATIONS. YOU MAY CHOOSE YOUR OWN PATH, BUT TO DISMISS OUR ANALYSIS MAY BE UNWISE.
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SAFETY STANDARDS SHOULD BE DRIVEN BY THE REGULATORS AND SCIENCE, NOT BY COMMERCIAL ENTITIES OR ASSOCIATIONS. YOU MAY CHOOSE YOUR OWN PATH, BUT TO DISMISS OUR ANALYSIS MAY BE UNWISE.
We have reproduced the questions as they have been submitted in order not to interfere with them. If you are unable to answer the question as drafted, we would encourage you to answer what you feel is the import of the question in order that market participant is not disadvantaged by potentially poor language selection in their phraseology.
Is the FSA's policy that any CBD "New to Market" products will be treated differently than those "Already on the Market" justified despite there being no difference in their potential risks? Perhaps the more telling question is whether the policy will be sustained in the face of an inevitable legal challenge?
In May we published an analysis of the Judgement of Advocate General Tanchev in respect of the Kanavape case, “Can the movement of CBD within the European Member States be prohibited it if is derived from prohibited elements of the plant?”
The recent news that Mike Harlington, the now ex-Chairman of the CTA, has been ousted by the organisation’s board (now led by Tom Whettem) was reported by The Canna Consultants here. The news led us to take a delve into TrustCanna... and what did we find?
It was with interest that on the evening of 13th June 2020 we discovered (from the Business Cann website) that, what we at The Canna Consultants had thought was on the cards for many months, had actually come to pass. The headline read ““Disagreement” sees Europe’s largest trade association lose its Chairman”.
WHY SELF-REGULATION OR REGULATION THROUGH QUASI-TRADE BODIES/ASSOCIATIONS/GROUPS WILL NOT WORK. The Food Standards Authority of Ireland has published a Report identifying the CBD Regulations applicable in the Irish Republic and containing the results of their analysis of 38 products being sold on the Irish market. The analysis results found by the FSAI are very similar to those found by a similar study of UK products undertaken by the Centre for Medicinal Cannabis (CMC) and published in a report the Summer of 2019.
The race for earliest submission of a Novel Food Dossier is a false one. This is especially the case when submissions made thus far, so we understand, lack the appropriate scientific data in respect of end products for which Authorisation is being contended and, in some cases, lack any scientific data in respect of the subject of the application at all.
On 14th May 2020 the Advocate General (Tanchev) of the Court of Justice of the European Union (CJEU) delivered their Opinion on the above question. The result is both a “Yes” and a “No”: National restrictions by Member States are possible, but such restrictions as are sought to be enforced must be (a) justified and (b) no more than necessary in order to achieve the justified aim.
Recently we have seen an increase in the marketing of CBD products to professional athletes, which raises headlines in the media, and concerns with ourselves. While it may be that there are real (or perceived), benefits from CBD for professional athletes, we caution the use of products without a thorough program of due diligence. The responsibility for that due diligence cannot be abrogated by the individual and the liability for any transgression rests solely with the athlete.