By 2025, the UK CBD market is expected to have grown significantly and reached a value of over $1 billion. In the UK, the first cannabis-based medication was made obtainable by prescription in 2015. Today, consumers may find a wide selection of CBD goods on the high street in the UK, including foods, pharmaceuticals, and cosmetics.

The Farm Bill, which was signed into law by U.S. President Donald Trump in 2018

Significantly altered how marijuana is viewed in the country. Given the significant consumer demand and widespread use of Hemp Oil UK marketing spending in the UK, there are hints that the country is beginning to adopt this strategy. However, it is also evident that there are still several obstacles for American businesses wishing to sell their goods to customers in the UK, particularly about how they can advertise and promote their goods in light of the disparity in regulatory frameworks. If you make a mistake, the repercussions could be serious and even criminal.

Following are some quick remarks and a list of questions that U.S. businesses intending to sell CBD products in the UK frequently ask us. We should only take our comments as a starting point because this is, of course, a very complex issue.

1. Are CBD products legal in the United Kingdom?

It depends, is the quick response. The complex regulatory definition of CBD will be based on various variables. There isn't a "one size fits all" definition of CBD as a result.

A CBD Oil UK must either meet the requirements of the Misuse of Drugs Regulations 2001 ("MDR 2001") (and thus be exempt from control) or fit the definition of a CBPM (Cannabis-Based Products for Medicinal Use in Humans) in Schedule 2 to MDR 2001 to be legally made available for human consumption (and therefore may be prescribed by specialist doctors).

Companies that produce CBD must make sure that their CBD Oil UK products don't exceed the legal limit of 0.2% Tetrahydrocannabinol (THC), which refers to the raw plant's cultivation from THC-approved seed types. In other words, permits may be issued to grow such raw plants with a maximum THC content of 0.2%. However, the THC content of the finished product that will be ingested has nothing to do with this permissible limit.

2. What rules apply to CBD in the UK?

Companies promoting CBD Oil UK products in the U.S. to consumers in the Hemp Oil UK must follow all applicable CBD laws (such as those governing the sale, cultivation, and supply of CBD products, licensing requirements, whether or not it is a controlled substance, etc.), as well as advertising and consumer protection laws, to ensure that any claims are verifiable and not deceptive.

3. How may CBD product marketers legally promote their goods in the UK?

Before beginning to advertise a product, marketers must confirm if it is permissible to sell it in the UK. The maximum allowable level of THC must not be present in the raw product, as was previously stated, and any CBD Oil UK that does include more than this level cannot be sold or advertised.

Advertisers should also think about how their goods will be categorized. For instance, they ought to think about the following inquiries:

  • Is it a substance under control?
  • Is it a dietary supplement or food?
  • Is it a medicine or is it being advertised as one?
  • Is this a cosmetic item?
  • Is vaping e-liquid nicotine-free?

License requirements and the applicability of certain advertising regulations will be influenced by the nature of the product. Numerous goods, including meals, food supplements, cosmetics, medications, e-cigarettes, and e-liquids, must adhere to sector-specific advertising regulations in addition to basic advertising regulations. These guidelines are typically very tight.

Additionally, advertisements need to be socially responsible, meaning they can't promote illegal substances. Advertisers should take extra care to make sure that any imagery and words that accompany factual comments about a product's CBD content do not link it to cannabis, even though most people who are likely to view CBD Oil UK ads are aware that CBD is derived from the cannabis plant.

4. How is CBD regulation in food/food supplements in the UK?

CBD was reclassified under European law in January 2019 by the European Food Safety Authority (EFSA), which also added it to the Novel Foods Catalogue.

The Novel Food Regulation applies to all "novel foods." Products covered by this regulation cannot be marketed without previous European Commission clearance.

Therefore, unless a company has applied for (and received) a new food license from the European Commission, it is illegal to sell CBD Oil UK in the UK.

Businesses should also take into account the European Regulation on Nutrition and Health Claims Made on Foods when making health claims about foods and food supplements in the Hemp Oil UK . This regulation states that general health claims cannot be made unless they are accompanied by a pertinent specific authorized health claim that is listed in the EU Register for Nutrition and Health Claims.

5. How is CBD regulated in the UK for use in medicine?

The Medicines and Healthcare products Regulatory Agency ("MHRA") has determined that before CBD Oil UK containing CBD can be legally sold, supplied, or advertised in the UK, they must have a product license (marketing authorization) from the MHRA if they are taken for a medicinal purpose or are advertised using medicinal claims.

If the product is a controlled substance, such as containing traces of THC, a US company wanting to supply such CBD Oil UK for medicinal purposes will also need to interact with the Home Office to get the relevant permits.

6. How is CBD regulated in cosmetics in the UK?

The regulatory standards established by European rules must be complied with when CBD Oil UK is offered for external use with a sole or predominant cosmetic function. This calls for the inclusion of a Cosmetic Product Safety Report in all cosmetics (CPSR).

Due to its presentation, makeup, or marketing promises, a product runs the risk of being mistakenly thought of as a medicine (i.e. medicinal claims). As a result, the advertiser must carefully assess whether it must adhere to the prerequisites relating to medications as stated above.

To summarize?

There are severe penalties for making a mistake in this intricate and developing area of law. On the other hand, there are tremendous opportunities for early adopters who advertise and market their products in a compliant manner as Hemp Oil UK develops into a booming market for CBD products. We frequently assist businesses in overcoming these obstacles so they can legally advertise CBD Oil UK in the UK. Additionally, we have a network of offices spread around Europe to guarantee compliance.

If you have any questions regarding our practice or how our industry specialists regularly assist CBD companies in navigating the complete range of product labeling, regulatory compliance, and advertising problems in the UK and Europe, do not hesitate to contact us.