This is a joint FSA and FSS publication.

1. Introduction

The Food Standards Agency (FSA) and Food Standards Scotland (FSS) have undertaken a safety assessment for CBD isolate extracted from hemp (Cannabis sativa) under the novel foods legislation, assimilated Regulation (EU) 2015/2283. To support the safety assessment, the Advisory Committee on Novel Foods and Processes (ACNFP) provided the advice outlined in this opinion to the FSA and FSS.

The evaluation by the ACNFP assessed the food safety risks of the novel food and its production, in line with Article 7 of assimilated Commission Implementing Regulation (EU) 2017/2469. The regulatory framework and the technical guidance put in place by the European Food Safety Agency (EFSA) for full novel food applications is retained as the basis and structure for the assessment (EFSA NDA Panel, 2016).

Following the review by the joint Subgroup of the ACNFP and the Committee on Toxicity (COT), further information was requested from the applicant concerning the toxicology data, in order to address information gaps in the initial dossier. The final advice from the Committee was agreed at the 173rd ACNFP meeting, allowing the FSA and FSS to complete the risk assessment.

The document outlines the conclusions of the FSA and FSS on the safety of isolated CBD as a novel food.

Table 1.Table showing products included in this assessment
Title Product type Intended use/⁠s Intended dose/⁠intake
Isolated CBD Novel food Food supplements 10 mg/day

2. Assessment

2.1. Identity of the novel food

The novel food is a cannabidiol (CBD) isolate in the form of a white to off-white crystalline powder of purity equal to or greater than 98% CBD. Information to support this characterisation was provided for five batches of the novel food.

CBD is characterised by the chemical formula: C21H30O2; molecular mass: 314.46 g/mol; CAS number: 13956-29-1; IUPAC name: 2-[(1R,6R)-3-methyl-6-prop-1-en-2-ylcyclohex-2-en-1-yl]-5-pentylbenzene-1,3-diol.

Figure 1
Figure 1.The molecular structure of CBD

Confirmation of its identity and purity was provided by liquid chromatography coupled with mass spectrometry (LC/MS).

2.2. Production Process

The CBD isolate is manufactured using a multi-step process under controlled conditions.

Certificates of analysis for raw starting materials used in the extraction process were provided to demonstrate the effectiveness of the controls at this point in the process. The details of the commercially sensitive extraction process were shared and reviewed by the ACNFP.

The novel food is extracted from the Cannabis Sativa. L. plant via ultrasound extraction process and further distillation and crystallisation steps. This process extracts CBD, producing an >98% Isolate which can be blended with food grade oils to produce tinctures/oils and capsules.

The ACNFP considered whether the use of solvents as processing aids resulted in residues that require highlighting to risk managers. To assess the safety of the solvent residues that remain in the novel food, comparison was made to residue limits for other consumed products as detailed in Table 2.

Table 2.Comparison of information on permitted residue levels for solvents used in the novel foods production compared to the proposed specification
Solvent used Available data on safe maximum level of consumption Level in specification for
the novel food
Ethanol Guidance on residues in pharmaceutical products states it to be a class 3 solvent, which should be limited by GMP or other quality-based requirements. A permissible daily exposure of up to 50 mg would be acceptable without justification a ≤ 50 mg/kg CBD (50 ppm)

The evidence presented (see Table 3 below) on composition indicates compliance with the specification for residues of solvents. When considered at the level of consumption, the evidence suggests the levels of solvent residues in the novel food are below those which would represent a safety concern.

A HACCP statement was provided along with further details of the process and how it operates. The production process has characterised the potential hazards and detailed the corresponding control measures sufficiently.

2.3. Compositional information

Results from analysis of five independent batches of the novel food demonstrated that the CBD content is produced consistently. The data is presented in Tables 2 to 7 below.

The data presented in Table 3 indicates that CBD content is consistently above 98% purity, with negligible amounts of starting materials detected across the five representative batches.

It is recognised that the detection and characterisation of cannabinoids in a range of food matrices is an evolving area, and there are yet to be internationally recognised methods. The limitations of analytical methodology available have been subject to discussion in the Joint ACNFP and COT CBD Subgroup and remain a source of uncertainty in the assessment.

Table 3.Cannabinoid analysis as % weight for weight of five independent representative batches of cannabidiol (CBD) isolate
Parameter LOQ (%) Batch 1 Batch 2 Batch 3 Batch 4 Batch 5
CBD (% w/w) 0.001 99.83 99.78 99.80 99.90 99.96
CBDA (% w/w) 0.001 < LOQ < LOQ < LOQ < LOQ < LOQ
CBN (% w/w) 0.001 < LOQ < LOQ < LOQ < LOQ < LOQ
Δ9-THC (% w/w) 0.001 < LOQ < LOQ < LOQ < LOQ < LOQ
THCA (% w/w) 0.001 < LOQ < LOQ < LOQ < LOQ < LOQ
Total Cannabinoids (% w/w) ------- 99.83 99.78 99.80 99.90 99.96
Total THC (THC + (THCA x 0.877)) ------- < LOQ < LOQ < LOQ < LOQ < LOQ
Total CBD (CBD + (CBDA x 0.877)) ------- 99.83 99.78 99.80 99.90 99.96

Analytical data concerning the microbiological content from five batches of the novel food was reported and can be found in Table 4. The process in manufacturing this novel food uses several alcohol-based solvents, high temperature steps, and drying, which may mitigate the level of microbes present within the final product. The product specification includes microbial parameters. The microbiological data presented confirm that the novel food does not raise a safety concern and consistently meets the proposed microbial specification levels.

Table 4.The microbiological analysis of the novel food
Parameter Method Batch 1 Batch 2 Batch 3 Batch 4 Batch 5
Microorganisms at 30°C / CFU/g UNI EN ISO 4833-1:2013 < 10 < 10 < 10 < 10 < 10
Escherichia coli / CFU/g AFNOR BIO 12/19-12/06 < 10 < 10 < 10 < 10 < 10
Yeasts and Moulds / CFU/g ISO 21527-2: 2018 < 10 < 10 < 10 < 10 < 10
Pseudomonas aeruginosa / CFU/g Met_Int_MC02 < 10 < 10 < 10 < 10 < 10
Staphylococcus aureus / CFU/g UNI EN ISO 6888-2:2004 < 10 < 10 < 10 < 10 < 10
Salmonella species / absence in 25 g AFNOR BRD 07/11-12/05 Absent Absent Absent Absent Absent

Results from the mycotoxin analysis for five independent representative batches of isolated CBD are presented in Table 5. The data show that the isolated CBD consistently complies with the specifications set for mycotoxins within the final product.

Table 5.Mycotoxin analysis of five independent batches of CBD isolate
Parameter LOQ / Action Level (ppb) Batch 1 Batch 2 Batch 3 Batch 4 Batch 5
Aflatoxin B1 6 / 20 < 0.5 < 0.5 < 0.5 < 0.5 < 0.5
Aflatoxin Total 6 / 20 < 1.0 < 1.0 < 1.0 < 1.0 < 1.0
Ochratoxins 12 / 20 < 1.0 < 1.0 < 1.0 < 1.0 < 1.0

It is expected that novel food products comply with the legal requirements for heavy metal contaminants in food. Analytical data, presented for five independent batches of the novel food, demonstrated that heavy metals were present in low quantities and below established EU limits where applicable (applicable for arsenic, cadmium, mercury and lead) (Table 6).

Table 6.Heavy metal analysis of five independent representative batches of cannabidiol (CBD) isolate
Parameter Action Level (ppm) Batch 1 Batch 2 Batch 3 Batch 4 Batch 5
Arsenic (ppm) 0.1 <0.05 <0.05 <0.05 <0.05 <0.05
Cadmium (ppm) 1.0 0.05 0.04 0.05 0.05 0.06
Lead (ppm) 0.1 <0.01 <0.01 <0.01 <0.01 <0.01
Mercury (ppm) 0.1 0.09 0.07 0.05 0.06 0.08

Results from the residual solvent analysis for five independent representative batches of isolated CBD are presented in Table 7. The data show that the isolated CBD is able to consistently comply with the specifications set for residual solvents within the final product.

Table 7.Residual solvent analysis of five independent batches of CBD isolate
Parameter LOD Batch 1 Batch 2 Batch 3 Batch 4 Batch 5
Ethanol (Present/Absence) 0.01 % Absence Absence Absence Absence Absence
Pentane (Present/Absence) 0.01 % Absence Absence Absence Absence Absence

Δ9-THC as a potential contaminant in the novel food

The extraction process may result in cannabinoids other than CBD remaining in the product as contaminants. Table 3 presents the compositional analysis of representative batches of cannabidiol (CBD) isolate. In particular, delta-9-tetrahydrocannabinol (Δ9-THC, a controlled drug within the UK), and its precursor acid, tetrahydrocannabinolic acid (THCA), were analysed due to the potential for toxic effects resulting from their consumption. Other minor cannabinoids which occur at contaminant levels also have the potential to play a role in the toxicity of CBD-containing novel food products; these require due consideration and monitoring to ensure the novel foods remain safe. The robustness, accuracy, and precision of the methods used were considered in interpreting the data on Δ9-THC and other potential contaminants and judged appropriate in this case

To understand the impact on food safety of trace levels of contamination with Δ9-THC, the Joint ACNFP and COT Subgroup on CBD reviewed the relevant scientific literature and considered both the Advisory Council on the Misuse of Drugs (UK ACMD) advice on THC in consumer products and the 2015 European Food Safety Authority (EFSA) Panel on Contaminants in the Food Chain’s (CONTAM Panel) scientific opinion on the risks for human health from the presence of THC in milk and other products of animal origin. This resulted in a joint statement of the ACNFP and COT on Δ9-THC as a contaminant in CBD and hemp derived products. This identifies a safe upper level of THC contamination of 1 µg /kg bw/day or 70 µg/day for a healthy adult below which adverse effects are not expected to occur.

This resulted in a joint statement of the ACNFP and COT on Δ9-THC as a contaminant in CBD and hemp derived products. This identifies a safe upper level of THC contamination of 1 µg/kg bw/day or 70 µg/day for a healthy adult below which adverse effects are not expected to occur.

The analysis for Δ9-THC as a potential contaminant in the novel food was declared as [not detected] in any of the five batches tested (Table 2), with a limit of quantification of 0.05% (w/w).

Once adjusted to reflect the proposed use of CBD at a total dose of 10 mg per day, the levels of Δ9-THC detected in the novel food were below the safe upper intake level of 1 µg/kg bw/day or 70 µg/day for a healthy adult. This level does not present a concern in terms of consumer safety for the novel food under the proposed conditions of use.

To ensure Δ9-THC levels remain consistently low in the production of CBD, THC and its precursor acid combined should be a standard substance included in the specification as relevant to all batches produced.

The data presented did not indicate any additional hazards for inclusion in the specification.

2.4. Stability

The stability of the novel food was assessed in an accelerated study (40 +/-2°C, relative humidity 75%) in five batches for 8 months. Results showed that the novel food meets the specification criteria for CBD and other cannabinoid content, and microbiological stability over these time periods. The Δ9-THC content was also tested and no significant changes in the levels of Δ9-THC were observed.

The data provided supports the stability of CBD isolate for a period of at least 36 months.

2.5. Specification

The specification parameters reported in Table 8 were assessed using internationally recognised methods or determined using internally developed and validated methods. The results of the compositional analysis are detailed in Tables 2 to 7 and indicate the novel food can be produced consistently to the specification.

Table 8.Characterisation and identity specifications for the novel food
Parameter Specification Method
Appearance White, crystalline powder free of particulates Visual inspection
CBD (%) 98 (+/-2%) HPLC-UV/LCMS
CBDA (%) < 0.02 HPLC-UV/LCMS
CBN (%) ≤ 0.1 HPLC-UV/LCMS
Delta-9-THCA (%) ≤ 0.005 HPLC-UV/LCMS
Delta-9-THC (%) ≤ 0.005 HPLC-UV/LCMS
Total Related Cannabinoid Content (%) Report HPLC-UV/LCMS
Residual solvents -------------------- --------------------
Ethanol (ppm) ≤ 1000 GCMS
Pentane (ppm) ≤ 1000 GCMS
Elemental Impurities ------------------- -----------------------------
Arsenic (mg/kg) < 0.1 ICP-MS
Cadmium (mg/kg) < 1.0 ICP-MS
Lead (mg/kg) < 0.1 ICP-MS
Mercury (mg/kg) < 0.1 ICP-MS
Pesticides -------------------- ----------------------
Individual Pesticide Content (mg/kg) Individual Pesticide Limit GC-MS/MS: validated in house method
Mycotoxins -------------------- -----------------------
Aflatoxin (ppb) ≤ 20.0 LCMS/MS
Ochratoxin A (ppb) ≤ 20.0 LCMS/MS
Microbiological ------------------- --------------------------
Microorganisms at 30°C / CFU/g < 100 Ph.Eur.5.1.4
Escherichia coli / CFU/g < 20 Ph.Eur.5.1.4
Yeasts and Moulds / CFU/g < 100 Ph.Eur.5.1.4
Pseudomonas aeruginosa / CFU/g < 20 Ph.Eur.5.1.4
Staphylococcus aureus / CFU/g < 20 Ph.Eur.5.1.4
Salmonella species / absence in 25 g Absent Ph.Eur.5.1.4

HPLC = high-performance liquid chromatography; LC-MS = liquid chromatography-mass spectrometry; ICP-MS = inductively coupled plasma mass spectrometry; GC-MS/MS = gas chromatography tandem mass spectrometry; Ph.Eur = European Pharmacopoeia

The information provided has been deemed sufficient for the specification of CBD and appropriately characterises the novel food seeking authorisation.

2.6. History of use

Hemp has been widely consumed in the UK and EU as a seed oil, in tea and as an alternative to hops in beer. Extracts of hemp, including CBD and synthetic CBD, have not been widely consumed and are considered novel foods. While CBD products are widely available on the UK high street, indicating some consumption of CBD as a food, at the time of publication, no previous applications for CBD have yet received authorisation as a novel food.

As detailed in the COT review of the literature, there has been use of both hemp derived and synthetic forms of CBD for medicinal purposes. These provide an indication of the toxicological effects that should be explored in the testing regime – primarily effects on liver, thyroid and potential impacts on reproductive organs. Also reported are behavioural effects such as somnolence (sleepiness) (COT, 2020).

As reported in the COT review of the publicly available data on CBD and summary data on a medicinal product, signs of adverse effects on the liver were observed at doses of CBD as low as 5 mg/kg bw/day in patients and healthy human volunteers; this dose is equivalent to 350 mg in a 70 kg adult. The data in the literature also suggested that humans might be more sensitive to the adverse effects of CBD in the liver than laboratory animals.

Somnolence effects were noted at doses ≤10 mg/kg bw/day in human studies. Inhibitory drug-drug interactions have also been observed with some medications when CBD is co-administered at doses of 1 mg/kg bw/day (equivalent to 70 mg in a 70 kg adult); the likelihood of effects at lower doses has not been determined (COT, 2020). Based on the COT assessment, therefore, the FSA concluded in February 2020 that 1 mg/kg bw/day, or 70 mg in a 70 kg adult, was a pragmatic upper level of intake above which there would be clear concerns about safety.

It is noted that the doses used for medicinal purposes are higher than those proposed for food use. The purpose of an assessment for medicines authorisation is different to that for food and this is reflected in the data requirements. Unlike medicines, there is no risk-benefit context in foods, with the requirement instead being that the products are safe.

Within the literature, further human studies utilising chemically derived CBD provides further evidence of a history of synthetic CBD use (Izegelov et al., 2020; Klotz et al., 2019; Stero Biotechs Ltd., 2020; Wheless et al., 2019). A review by Heuestis et al., 2019 of cannabidiol adverse effects and toxicity notes that CBD is not risk-free. At doses higher than those recommended for human pharmacotherapies, such as those prescribed to treat forms of epilepsy severe adverse events occur.

The data on previous consumption of CBD suggest areas for careful consideration in the toxicological review to understand potential effects at the lower doses used in foods.

2.7. Proposed use and anticipated intake

The intended use is food supplements as defined by GB legal requirements (The Food Supplements (England, Scotland and Wales) Regulations 2003) in a range of forms.

The applicant initially proposed a use level of 70 mg/day CBD for the novel food in adults, excluding pregnant or lactating women. As a result of consultation with the applicant, the proposed uses have been updated to reflect the provisional acceptable daily intake (ADI) for the use of ≥98% pure form CBD established at 10 mg per day (ACNFP and COT, 2023). The proposed maximum use levels for the novel food are outlined in Table 9.

Table 9.Amended proposed uses and maximum use levels for the novel food
Food category Maximum use level per day
(mg CBD/day)
Food Supplements (for adults) as defined in the Food Supplements (England) Regulations 2003 and other equivalent legislation in the other nations of the UK as capsules, chewable forms, liquid or drops in dose form intended for those 18 years of age or over. Excluding pregnant and lactating women and other specifically identified vulnerable groups. 10

It is noted that consumers may be exposed to CBD from a range of food categories. The standard methodology for calculating exposure for a novel food would explore intake from a range of sources and ensure that exposure via the proposed uses would not exceed any safety level identified when consumption of the food category was analysed. It is noted that for CBD there are already many products available. The assessment has been made on the basis of identification of a maximum level of CBD that can be consumed per day. As such proposed uses will only be considered safe within the assessment when below a maximum of 10 mg of CBD per day from all sources.

Concerns were raised by the Committee regarding the potential for foreseeable misuse of CBD if consumed in multiple formats on a single day. This is because of the increased risk of consuming CBD above the provisional ADI. The scope of the assessment is restricted to the uses proposed and any further uses or additional food categories would be subject to the change in conditions of use process.

Risk managers must consider whether consumers would benefit from information on the CBD content of foods in order to ensure their consumption does not exceed the maximum intake of 10 mg per day for a healthy adult.

As recommended in the ACNFP and COT statement on CBD of 98% purity, “The provisional ADI is recommended, subject to the existing advice to consumers that pregnant and breastfeeding women and people taking any prescription medication should avoid the consumption of CBD if possible. Consumers on regular medications should seek advice from a medical professional before using any type of CBD food product. In addition, children and prospective parents trying for a baby are advised against consumption of CBD, as are those who are immunosuppressed, due to remaining data gaps and residual uncertainties concerning the safety of CBD for these groups of consumers.” (ACNFP and COT, 2023).

The ACNFP explored the potential for foreseeable misuse of the novel food. It was noted that the availability of multiple formats of the novel food could create conditions where exposure estimates are exceeded. It is highlighted to risk managers that they may wish to consider whether risk management measures are needed beyond those in the food supplements regulation to ensure consumers are aware of the provisional ADI of 10 mg CBD/day for the product, a dose at which it is considered that no adverse effects would be expected.

It is also strongly recommended that risk managers consider how consumers can be supported to manage their intake appropriately within the safe limits identified and appreciate the nature of the potential risks at higher doses, for uses that are not in dosed forms.

The food supplement products are to be labelled in accordance with the labelling requirements of Food Supplements (England) Regulations 2003 and the equivalent legislation in the nations of GB. The ACNFP recommended that the applicant’s proposed warning labelling be updated to include information on not exceeding the safe limit of 10 mg/day for a 70 kg healthy adult, and that the product is not suitable for use under the age of 18, or for use during pregnancy or breastfeeding, as well as information on its suitability for people taking medication or who have existing health conditions.

2.8. Absorption, distribution, metabolism and excretion (ADME)

The absorption, distribution, metabolism and excretion (ADME) of CBD are known to be complicated by the food matrix and are currently still being defined by professional bodies.

The oral bioavailability of CBD is low, indicating that it is not absorbed to any notable extent following ingestion (Mechoulam et al., 2002). Published works report the bioavailability of CBD to be between 13 and 19% (Grotenhermen, 2003) or 6% (Hawksworth & McArdle, 2004). The low systemic availability was demonstrated by Martin-Santos et al., 2012 and further supported by a literature search, which identified the pharmacokinetics of CBD in humans (Millar et al., 2018). The COT statement on CBD of 2020 noted that although CBD has low fasting bioavailability (<10%), consumption with food could increase CBD uptake by, for example, 5-fold if eaten with a high fat meal. As such the potential for matrix effects that impact bioavailability cannot be ruled out.

Following oral absorption, CBD is extensively metabolised in the liver. This rapid first pass metabolism contributes to the low oral bioavailability reported in the literature (Taylor et al., 2018; WHO, 2018). In vitro studies indicate that CYP3A4 and CYP2C19 are the primary hepatic enzymes responsible for first-pass metabolism of cannabidiol; however, several other hepatic cytochrome P450 isoforms (CYP1A1, CYP1A2, CYP2C9, CYP2D6, and CYP3A5) have also demonstrated a capability of metabolising cannabidiol (Jiang et al., 2011; Zendulka et al., 2016).

The metabolism of CBD is thought to follow two separate pathways. One is P450-mediated, in which cannabidiol is metabolised into its major metabolite 7-COOH-CBD. This is followed by further metabolic reactions which yield the minor metabolites of CBD, including 6-OH-CBD (Devinsky et al., 2018; Taylor et al., 2018). The other involves decarboxylation (Kraemer et al., 2019). The resultant metabolites are predominantly excreted in faeces and urine (Hawksworth & McArdle, 2004; WHO, 2018).

Multiple dosing with CBD is associated with a steady state concentration up to 2-fold accumulation of CBD in plasma when compared with a single dose (Taylor et al., 2018). Minimal evidence of plasma accumulation has been reported in dosing studies over 5–9 days (Millar et al., 2018; Sellers et al., 2013; Stott et al., 2013).

The pharmacokinetics of CBD have also been systematically reviewed by Millar et al., 2018 in 24 studies, most of which assessed the administration of CBD at doses of 5–20 mg/day. This correlates to a low dose application similar to this CBD novel food application. With oral administration, single doses of 5.4 and 10 mg CBD achieved peak serum concentrations (Cmax) of 0.9 and 2.5 ng/mL. The time to maximum concentration (Tmax) was approximately 1 hour, with a half-life between 1 to 3 hours. Given the intended use of this CBD, with an approximate half-life of 1 to 3 hours, with a total clearance of 6 hours, there are no significant concerns of accumulation (Millar et al., 2018).

The ADME data provides context for interpreting the toxicological data. It is noted that the bioavailability of CBD is typically low but can be affected by the matrix. It was also noted that the potential for CBD to accumulate in the body has not been examined based on the data supplied. This also suggested the food context for CBD could impact whether the CBD present in the ingredient is more, or less, bioavailable. This has been taken into account when considering the additional uncertainty factors used for setting the provisional ADI.

2.9. Nutritional information

The ACNFP sought clarification of the potential for the presence of antinutritional factors from the preparation. It was noted that hemp can contain a range of substances that could impact the digestion and absorption of nutrients from the diet. These include phytic acid (which can negatively affect the bioavailability of dietary and endogenous minerals and proteins), tannins (which can interrupt the absorption of iron), trypsin inhibitors (which can affect protein digestion), and saponins (which at larger quantities cause gastric irritation and increase the permeability of the intestine).

The product is highly purified as indicated in the information on the composition. There is no presence of other components that would impact the digestion or absorption of nutrients from the diet.

The data on nutritional composition confirms that CBD has no caloric or nutritional value. The application is not intending that CBD replace another food in the diet. Consumption of the novel food at the proposed use levels is not expected to be nutritionally disadvantageous for consumers.

2.10. Toxicological information

Toxicological studies on CBD were performed by the applicant to support the safety assessment of the novel food. The respective study reports are unpublished and claimed as confidential and proprietary data. They were considered essential in the assessment of the safety of the novel food and were reviewed by the ACNFP. How data on systemic toxicity was managed and interpreted in the context of the provisional ADI is explained in the sub-chronic toxicology section below (Section 2.10.2).

2.10.1. Genotoxicity

In vitro genotoxicity testing of CBD was conducted under Good Laboratory Practice (GLP) conditions and utilised the following OECD guidelines: in vitro bacterial reverse mutation test (OECD TG 471) and in vitro mammalian cell micronucleus test (OECD TG 487). This approach is recommended by the UK Committee on Mutagenicity and is also the basis of guidance on the preparation and submission of an application for authorisation of a novel food in the context of Regulation (EU) 2015/2283.

The in vitro bacterial reverse mutation test (Palamur Bio study number 22833) demonstrates that this CBD ingredient is non-mutagenic, in the absence or presence of metabolic activation. In addition, the in vitro mammalian cell micronucleus test (Palamur Bio study number 22834) demonstrated that CBD was non-clastogenic and non-aneugenic in the absence and presence of metabolic activation.

The results from these in vitro studies support the conclusion that the novel food (≥98% pure CBD) is not genotoxic. This is consistent with the view of the Committee on Mutagenicity in reviewing CBD generically as a substance from evidence available in the public domain (Committee on Mutagenicity, MUT/MIN/2020/1, 2020).

2.10.2. Sub-chronic toxicity

The Joint Subgroup of the ACNFP and COT, formed to address questions in relation to the safety of CBD, cannabinoids and hemp-derived ingredients and considered the data submitted in support of this novel food application.

This applicant submitted a Repeated Dose 90-Day Oral Toxicity Study (Palamur Bio study number 22832) in rats, which was conducted under GLP conditions and to OECD Test Guideline 408. In this 90-day study, each group comprised 10 female and 10 male rats which were dosed with 0 (control – corn oil), 25, 75 or 150 mg/kg bw/day CBD once per day by oral gavage at a dose volume of 10 mL/kg bw/day. Satellite groups of 5 female and 5 male rats were treated with corn oil or CBD (150 mg/kg bw/day) in the same way as test animals during the treatment phase of the study and allowed 28 days’ untreated recovery after dosing was completed. The applicant concluded a NOAEL of 150 mg/kg bw/day based on effects seen in liver endpoints.

The Subgroup reviewed the data and requested further information from the applicant. The Subgroup required clarification on the doses administered in the study and queried the histological changes in the liver and the implications of these in order to confirm the study’s findings.

The Subgroup reviewed the additional information provided by the applicant and concluded the applicant has addressed the concerns on the effects seen in the liver. As such the Subgroup considered that the NOAEL for the study be 150 mg/kg bw/day. Review of the study by the Subgroup supported the conclusion that it was of sufficient quality to support the safety of the novel food.

In addition to the data submitted by the applicant there is a body of evidence on the effect of 98% or greater CBD. In order to take account of all pertinent data and to put the individual assessment in the context of the totality of relevant evidence for the active substance. The data from this application was compared to the wider body of evidence.

A weight of evidence approach allowed the Subgroup to identify a provisional ADI for CBD ingredients of ≥98% purity of 0.15 mg/kg bw/day or 10 mg per day for a 70 kg healthy adult (Joint position paper from the ACNFP and COT; FSA consumer advice published in October 2023). This value was identified to be protective of the most sensitive known effects in the liver and thyroid parameters and included consideration of data gaps and uncertainties. The dataset includes several studies where highly purified CBD has been tested. Given the low level of contaminants, it is reasonable to consider that these represent the effect of CBD as a substance and are therefore relevant to other novel foods with similar compositions.

It was considered whether the wider data and therefore the provisional ADI for 98% or greater CBD was relevant to the review of the novel food. It was considered appropriate, on the basis that the test substance used in the study to support the novel food was ≥98% pure and the compositional data was consistent with a highly purified CBD. The contaminants present were not suggestive of a significant impact on the toxicology. The point of departure in the form of a NOAEL, from the study submitted to support this novel food, once corrected for CBD content is consistent with the range of the points of departure used to develop the provisional ADI (ACNFP and COT, 2023). The NOAEL was also based on the same effect - impacts on the liver. It was, therefore, considered scientifically appropriate to apply the provisional ADI of 0.15 mg/kg bw/day or 10 mg/day as identified in the joint statement of the ACNFP and COT on ≥98% pure forms of CBD to the novel food in this application.

2.11. Allergenicity

This CBD isolate comprises >98% CBD and the production process for CBD does not introduce any risk of allergenic potential. As a chemical entity, the potential for IgE mediated food allergy is unlikely.

Given CBD as a substance is not considered allergenic, the allergenicity assessment considered whether the other 1% of the novel food’s composition was likely to be allergenic or elicit food allergic reactions. It was noted that none of the raw materials or processing aids used in the production process are derived from or contain any of the allergenic food ingredients specified under assimilated Regulation (EU) No 1169/2011 on the provision of food information to consumers. This suggests the potential to elicit reactions in those sensitive to those foods is unlikely.

The novel food is unlikely to trigger allergic reactions in the target population under the proposed conditions of use.

3. Discussion

The novel food is a CBD isolate ingredient from industrial hemp containing >98 % CBD produced using a multi-step manufacturing process.

This CBD isolate is intended to be used as a food ingredient in food supplements for adults excluding pregnant and lactating women and other specifically identified vulnerable groups at a defined intake for each product type of up to 10 mg CBD per day; it is not intended to replace any food.

In October 2023, the Joint ACNFP and COT Subgroup identified a provisional acceptable daily intake (ADI) of 10 mg per day (0.15 mg/kg bw/day) for CBD products containing 98% CBD or above, such as the novel food discussed in this assessment. A weight of evidence approach was used to arrive at a provisional ADI of 10 mg/day (0.15 mg/kg bw/day). The most sensitive human health effects, which this provisional ADI protects against, are seen consistently in the liver and thyroid in a number of studies using ≥98% pure CBD. This value also takes account of the lack of human-based long-term evidence and evidence regarding potentially vulnerable groups.

Based on the dossier of evidence provided by the applicant, the safety of the novel food was reviewed and evidence to reach a conclusion on safety provided. The evidence presented by the applicant was then compared to the wider data set on CBD and is consistent with evidence presented to support the development of a provision ADI of 10 mg/day for CBD of 98% purity or above. As such the provisional ADI should be applied to this novel food.

This is subject to the existing advice to consumers that pregnant and breastfeeding women and people taking any prescription medication should avoid the consumption of CBD. Consumers on regular medications should seek advice from a medical professional before using any type of CBD food product. In addition, children and prospective parents trying for a baby are advised against consumption of CBD, as are those who are immunosuppressed, due to remaining data gaps and residual uncertainties concerning the safety of CBD for these groups of consumers. These contraindications would also apply to this novel food.

The maximum safe exposure for healthy adults of 70 kg as identified in the provisional ADI is 10 mg per day from all food sources. If the inclusion level of this CBD isolate leads to an intake per individual serving of each product type of 10 mg/day, multiple intakes of food products containing CBD on the same day should be avoided to support minimising exposure to below the provisional ADI.

4. Conclusions

The FSA and FSS have undertaken the assessment of the novel food, which is composed mainly of CBD isolate (≥ 98% purity) to be included in a range of product types. It was concluded that the novel food is safe under the proposed conditions of use for each individual product type and consuming each product type with CBD at no more than 10 mg CBD/day does not pose a safety risk to human health. The anticipated intake level and the proposed use in foods and food supplements was not considered to be nutritionally disadvantageous.

These conclusions were based on the information in the novel food dossier submitted by the applicant plus the supplementary information and could not have been reached without the following data claimed as proprietary by the applicant:

  • annexes to the dossier which relate to the identity of the novel food, the production process, stability, methods of analysis, and toxicology;

  • in vitro bacterial reverse mutation test (Palamur Bio study number 22833), in vitro mammalian cell micronucleus test (Palamur Bio study number 22834) and 90-day repeat dose feeding study (Palamur Bio study number 22832).

Abbreviations

Abbreviation Definition
ACMD Advisory Council on the Misuse of Drugs
ACNFP Advisory Committee on Novel Foods and Processes
ADI Acceptable daily intake
ADME Absorption, Distribution, Metabolism and Excretion
AFNOR Standards created by the French Association Française de Normalisation
AOAC Association of Official Agricultural Chemists
Bw body weight
CAS Chemical Abstracts Service
CBD Cannabidiol
Cmax Peak serum concentration
COT Committee on Toxicity
CFU Colony forming unit
DAD Diode array detection
EC European Commission
EFSA European Food Safety Authority
EMA European Medicines Agency
EU European Union
FDA Food and Drug Administration (USA)
FSA Food Standards Agency
FSS Food Standards Scotland
GC Gas chromatography
GLP Good Laboratory Practice
HACCP Hazards Analysis and Critical Control Points
HPLC High-performance liquid chromatography
ICP Inductively coupled plasma
IR Infra-red
LCMS Liquid chromatography coupled with mass spectrometry
LOAEL Lowest observable adverse effect level
LOD Limit of detection
LOQ Limit of quantification
NOAEL No observable adverse effect level
OECD Organisation for Economic Co-operation and Development
Ph.Eur European Pharmacopoeia
THC Tetrahydrocannabinol
Tmax Time to maximum concentration
UHPLC Ultra high-performance liquid chromatography
UNI EN ISO Italian Standards Body
USP United States Pharmacopeia
UV Ultra-violet

Acknowledgements

The members of the ACNFP during the course of the assessment who were; Dr Camilla Alexander White, Dr Anton Alldrick, Alison Austin, Professor George Bassel, Dr Mark Berry, Professor Dimitris Charalampopoulos, Dr Meera Cush, Dr Catharina Edwards, Professor Susan Fairweather-Tait, Professor Sophie Foley, Professor Paul Frazer, Dr Hamid Ghoddusi, Professor Andy Greenfield, Professor Wendy Harwood, Professor Huw D. Jones, Dr Ray Kemp, Dr Elizabeth Lund, Dr Lynn McIntyre, Professor Clare Mills, Dr Isabel Skypala, Professor Lesley Stanley, Professor Hans Verhagen and Professor Bruce Whitelaw.

Additional advice was provided by Professor Shirley Proce and Dr Cheryl Scudamore during the course of the assessment.

To note, interests were received from members of the ACNFP: Dr Alldrick declared a potential interest relating to his previous employment and this was considered a potential conflict and as a result he was not present for discussions of CBD by the Committee.