CBD in food: what restrictions should be taken into account?

In the European Union, the marketing of foodstuffs is governed by several regulations: (EC) No. 178/2002, (EC) No. 315/93, and (EU) No. 2015/2283.

What does this mean? Food products containing CBD that are authorized for sale are:

• Hemp seeds and fibers;
• Their derivatives: hemp seed oil, hemp seed flour, etc.
• Leaves intended exclusively for use in infusions.

What about food products containing CBD?

Since CBD is considered a "novel food," food products containing it can only be sold under one condition: they must be evaluated and authorized by the European Food Safety Authority (EFSA). In theory, foods containing CBD (candy, drinks, etc.) are therefore classified as "novel foods," and to date, no authorization has been granted for this type of food in the European Union. As a reminder, a food is considered "novel" if it was not consumed in the EU before 1997.

In practice, most retailers offer CBD food products in France. French authorities such as the DGCCRF (Directorate General for Competition, Consumer Affairs, and Fraud Control) have not imposed any strict controls on CBD-based foods, and no penalties have been applied. As the CBD sector is still in its infancy, there are still many complex legal areas.

Currently, the legality of a CBD product depends mainly on:

• THC content: unlike CBD, THC is considered a psychotropic substance and its sale is strictly regulated. In France, the sale of CBD is legal provided that the finished product contains less than 0.3% THC.
• The origin of hemp and cannabinoids. Hemp must come from varieties authorized by the official catalog of the European Union.

Safe CBD food products: the importance of trusting the right wholesaler

According to the ANSM, since 2024, the number of poisonings linked to the consumption of cannabidiol (CBD) products has increased significantly. In most cases, these poisonings are caused by:

• prohibited substances present in these products without the consumer's knowledge (synthetic cannabinoids);
• THC levels above 0.3%. This is why the ANSM and ANSES are calling for vigilance.

To avoid any danger, it is essential to choose a trusted CBD wholesaler. Choose a professional who works with reputable producers and has their products tested by an independent laboratory. A reliable wholesaler is above all a transparent wholesaler: everything must be disclosed, from the origin of the hemp to the exact cannabinoid content.

> See also: How to choose the right CBD wholesaler for your business?

Labeling CBD foods: what are the rules?

CBD food products include all edible products infused with CBD. These range from gummies and chocolate to infusions and cookies. Before being offered on the market, all food products—CBD or otherwise—must meet the following conditions:

• Do not make false therapeutic claims: CBD is not a medicine or a treatment with medical effects. Be clear about the name of the product: "CBD candies" and not "therapeutic anti-stress candies."
• The label must include a complete list of ingredients, allergens, conditions of use, net quantity, and expiration date.
• For CBD food products, specific information must also be provided: the exact CBD content, the THC level, the origin of the hemp, and warnings (e.g., not recommended for pregnant women).