More Issues with CBD

14th Feb 2020

It has been reported by The BBC that Oils, snacks and drinks containing the cannabis extract cannabidiol (CBD) will be "taken off the shelves" next year if they do not gain regulatory approval.

The Food Standards Agency (FSA) said products had to be registered by March 2021 or they would be pulled.

Despite rising sales of CBD goods, not one product has been approved in the UK yet, raising safety concerns. The FSA said producers had been slow to submit their products for approval, forcing it to impose the deadline. It had been hoping individual companies would come forward with product information. But as none provided enough documentation, the regulator is now forcing them to – or threatening to take them off the shelves.

For companies hoping for a slice of the UK’s multi-million pound CBD industry, that’s a big incentive to comply.

The FSA has also issued new advice on CBD use, saying it should not be used alongside other medication.

The Medicines and Healthcare Products Regulatory Agency (MHRA) has said that products containing CBD that are used for medical purposes are medicine. Medicinal products must have a product licence (marketing authorisation) before they can be legally sold, supplied or advertised in the UK, unless exempt.

We have written extensively over the last year about the issues and problems surrounding the importation and sale of CBD in the UK and have acted successfully for both individuals and multinational companies on the procedures and regulations surrounding the process.

Currently, the UK Border Force does seize goods which contain traces of cannabis and/or THC, it has been difficult to challenge their right to forfeit the goods until recently. We have challenged such seizures for clients and sought restoration, with some success. Each case though is different. We have been instructed on such issues from clients in the UK, Europe and the USA.

Rogers & Norton’s HMRC and Border Force litigation team specialise in handling HMRC Border Force claims relating to the detention and seizure of a wide variety restricted goods in addition to VAT, Tax, Duty and Tariff issues. We are challenging seizures and seeking restoration on a variety of goods, in addition to challenging Assessments.

The team deals with the worldwide importation of goods to the UK, including the huge market from China. We work with clients who want goods restored at all major ports of entry, such as Felixstowe and London Gateway, together with Stansted, Gatwick & Heathrow.

We have a strong understanding of Border Force systems and can act quickly and decisively to support our clients in getting their goods restored through the High Court, First Tier Tax Tribunal and also injunctions and Judicial Reviews.