CBD and Novel Food: Understanding European regulations for cannabidiol foods

What is a Novel Food?

A Novel Food is a food or ingredient that was not consumed in a significant way in the European Union before May 15, 1997. This date is important because it serves as a historical reference to determine whether a food has a sufficient history of consumption or whether it needs to be assessed before being placed on the market.

The Novel Food Regulation doesn't only target CBD. It can apply to plant extracts, ingredients derived from new technologies, traditional foods from third countries, isolated ingredients, fortified preparations, or substances whose consumption was marginal before the reference date. The aim is to protect consumers by verifying the safety of an ingredient before its widespread marketing.

The European Commission presents Novel Food as a framework for foods that were not consumed to a significant extent within the European Union before May 1997. Official source:
European Commission — Novel Food.

Why does this rule exist?

The logic behind Novel Foods is simple: when a new ingredient enters the food market, authorities want to ensure that it does not pose a risk to consumers under the proposed conditions of use. This assessment may cover toxicology, composition, stability, manufacturing processes, dosages, exposed populations, and potential interactions.

In the case of CBD, this approach is particularly sensitive, as cannabidiol is an active molecule studied for its biological interactions. It is not simply a flavoring or a traditional food ingredient.

Why is CBD affected by Novel Food regulations?

CBD is affected because European authorities consider that isolated cannabinoids, cannabinoid-enriched extracts, and certain cannabidiol-containing products have not demonstrated a significant history of consumption in the European Union before May 15, 1997. This does not mean that hemp in general is new. Hemp seeds, hemp seed oil, and certain traditional uses of hemp have a longer history.

The distinction is crucial. Hemp as an agricultural plant is not automatically a Novel Food in all its forms. However, hemp extracts concentrated in cannabinoids, isolated CBD, or CBD-enriched food products can be considered Novel Food when intended for consumption.

In other words, one must not confuse:

• hemp seeds;
• hemp seed oil;
• hemp fibers;
• hemp flowers;
• hemp extracts concentrated in cannabinoids;
• isolated CBD;
• CBD-containing food supplements;
• Food products enriched with cannabidiol.

These categories are not equivalent. They may fall under different frameworks depending on their composition, use, and presentation.

To better understand the distinction between CBD, hemp and cannabis, see:
Hemp, cannabis, CBD and THC: understanding the differences.

European Regulation 2015/2283: Legal basis for Novel Food

The European legal framework for Novel Food is primarily based on Regulation (EU) 2015/2283 on novel foods. This regulation establishes the rules applicable to the placing of novel foods on the market in the European Union. In particular, it stipulates that a novel food must be authorized and registered on the Union list before being marketed.

The regulation also defines the categories of novel foods, the authorization procedures, the role of scientific evaluation, and the conditions of use. Official source:
Regulation (EU) 2015/2283 on novel foods.

Prior authorization: a central principle

The key point is prior authorization. When an ingredient is considered a Novel Food, it's not enough to verify that it meets a THC threshold or that it's derived from hemp. It must also be authorized for its intended food use. This authorization is based on a safety assessment.

In the case of CBD food, this requirement explains why the issue remains sensitive. Many products were marketed in several European countries while authorization procedures were still underway or incomplete. This created tension between the market, authorities, consumers, and professionals.

The European Commission's Novel Food catalogue

The European Commission publishes a Novel Food Catalogue. This catalogue lists products of animal or plant origin, substances, and ingredients for which Novel Food status has been identified or is under discussion. It is an important information tool, but it should be read with caution: the Commission specifies that the catalogue is non-binding. It should be used in conjunction with the official list of authorized novel foods.

Official source:
European Commission — Novel Food Status Catalogue.

Why is the catalogue not sufficient on its own?

The catalogue provides an indication of status, but it does not replace a complete product analysis. To determine if a product is compliant, its exact composition, manufacturing process, cannabinoid concentration, intended use, dosage, marketing presentation, labeling, and country of sale must be examined.

The same ingredient can be treated differently depending on whether it is used in a cosmetic, a food product, a dietary supplement, or another type of product. This is why the product category is crucial.

The role of EFSA in the assessment of CBD

The European Food Safety Authority (EFSA) plays a significant scientific role in Novel Food applications. When an application for authorization is submitted, EFSA may be tasked with assessing the safety of the ingredient. Its role is not to make the sole decision regarding marketing, but to provide a scientific assessment upon which European institutions and Member States can rely.

In the case of CBD, the EFSA has already highlighted several scientific uncertainties. These questions relate in particular to the liver, the nervous system, the endocrine system, the reproductive system, the immune system, drug interactions, and the effects of prolonged exposure.

EFSA's caution does not mean that CBD is automatically dangerous in all contexts. It means that the available data must be sufficiently robust to assess food safety under the proposed conditions of use.

For a scientific overview of cannabidiol, you can also consult the World Health Organization publication:
World Health Organization — Cannabidiol.

EFSA 2026: Provisional safety level of CBD as a Novel Food

In February 2026, the EFSA published an important update on cannabidiol as a Novel Food. The European authority established a provisional safety level for certain food supplement formulations containing purified CBD. This is crucial, as it does not constitute a blanket authorization for all CBD products.

EFSA specifies that this provisional level applies only to food supplement formulations containing CBD with a purity of at least 98%, without nanoparticles, produced using a process deemed safe, and for which genotoxicity has been ruled out. Official source:
EFSA — Provisional safe level for cannabidiol as a novel food.

The detailed scientific opinion is also available here:
EFSA Journal — Update of the statement on safety of cannabidiol as a novel food.

A provisional level, not a general authorization

The most important point is the word “provisional.” This publication does not mean that all CBD gummies, drinks, food oils, candies, or supplements are automatically compliant. It provides a scientific basis for evaluating certain Novel Food applications under specific conditions.

According to the EFSA, uncertainties remain regarding certain potential effects of prolonged consumption, particularly on the liver, neurological functions, the reproductive system, the immune system, and certain interactions. This very cautious approach explains why edible CBD remains a sensitive issue in the European Union.

CBD food: which products are affected?

The Novel Food framework primarily concerns products intended for ingestion. This can include foods, beverages, dietary supplements, or preparations containing CBD or cannabinoid-enriched hemp extracts. The specific forms covered may vary depending on the product's composition and exact presentation.

The products potentially affected include, but are not limited to:

• CBD gummies or candies;
• CBD chocolates;
• CBD-enriched drinks;
• CBD food supplements;
• certain CBD capsules;
• certain oils presented for ingestion;
• foods enriched with hemp extracts concentrated in cannabinoids;
• food preparations claiming a CBD content.

Why the intended use matters as much as the composition

A product can be analyzed differently depending on how it is presented to the consumer. An oil might be presented as a cosmetic, a food product, or something else entirely. A flower might be presented as a raw hemp product. A food supplement follows a different framework than a cosmetic. Therefore, the words used, the labeling, the product information sheet, and the declared category all play a significant role.

Therefore, responsible content creation must avoid mixing all forms of CBD. The applicable regulations depend on the intended use of the product.

THC threshold and Novel Food: two different subjects

One of the most common mistakes is believing that a CBD product is automatically compliant as long as it meets the THC threshold of 0.30%. In reality, the THC threshold and Novel Food status are two separate issues.

In France, the decree of December 30, 2021 stipulates that the delta-9-THC content of hemp extracts and products containing them must not exceed 0.30%. Official source:
Decree of December 30, 2021 on Légifrance.

However, a food product can meet this threshold while still being subject to the Novel Food Regulation. In other words, compliance with the THC threshold is not necessarily sufficient to authorize a food product containing CBD. It is also necessary to verify whether the ingredient is authorized for its intended food use.

Simple example

An oil containing CBD and less than 0.30% THC may comply with the THC threshold. However, if it is marketed as an ingestible oil or a food supplement, it may also fall under the Novel Food category. In this case, its food status, potential authorization, and the applicable market regulations must be examined.

To delve deeper into the general legal framework:
Legal CBD in France and Europe: regulatory framework, THC threshold and points of vigilance.

France, DGAL and controls of CBD food products

In France, CBD food products are receiving increasing attention from authorities. The DGAL (Directorate General for Food) is involved in issues related to food, food safety, and product compliance. Within the Novel Food framework, food products containing hemp extracts or CBD may be subject to regulatory checks.

The tightening of controls announced in spring 2026 brought the issue back to the forefront of the French market. Public and industry information circulating at that time indicated a desire for stricter controls on food and supplements containing CBD or hemp extracts, particularly when these ingredients are explicitly listed on the label.

For consumers, the issue is simple: a CBD food product must be assessed not only on its THC content, but also on its compliance with food regulations. For professionals, this means that traceability, technical data sheets, labeling, product positioning, and regulatory evidence become essential.

To consult official French information on CBD and points of vigilance:
Drogues.gouv.fr — Le CBD.

Non-food products: flowers, cosmetics and other categories

Novel Food refers to food products. Therefore, not all CBD products are automatically classified as food. CBD flowers, cosmetics, products for external use, or certain raw materials may fall under different categories. However, caution is advised, as a product's marketing presentation can influence its regulatory assessment.

CBD flowers and leaves

In France, the issue of CBD flowers and leaves has been clarified by the Council of State. The Council of State overturned the general and absolute ban on the sale of cannabis flowers and leaves without intoxicating properties when their THC content is below the regulatory threshold.
Council of State – Decision on CBD Flowers and Leaves.

CBD cosmetics

CBD cosmetics fall under the European cosmetics framework. They are intended for external use and must comply with the obligations related to cosmetic products: safety, composition, labeling, claims and responsibility for placing them on the market.

The European Commission's CosIng database allows you to consult information on cosmetic ingredients:
European Commission — CosIng database.

Be careful of the boundary between categories

The same ingredient can be classified differently depending on its intended use. A product presented as a cosmetic must not be sold or described as a food supplement. A product presented as a food product must comply with applicable food regulations. These categories must not be mixed.

What consumers should check when buying a CBD food product

When faced with a CBD food product, consumers must adopt a critical approach. Design, advertised flavor, stated dosage, or marketing claims are not enough to guarantee compliance or safety. CBD food products should be approached with greater vigilance than conventional products.

Points to check

• The exact category of the product: food, supplement, cosmetic, flower, oil, extract.
• The advertised CBD level.
• The delta-9-THC level.
• The presence of a recent certificate of analysis.
• The batch number.
• The origin of hemp extract.
• The declared compliance with the Novel Food framework, if the product is food.
• The absence of unauthorized medical claims.
• Precautions for use.
• Information regarding potential drug interactions.

Why allegations need to be monitored

A CBD food product should not be presented as a medicine. Claims of treatment, cure, pain relief, anxiety reduction, or anti-inflammatory effects should be avoided unless authorized. Responsible communication should inform without making promises.

To understand general precautions:
CBD: precautions, interactions and risk profiles.

What professionals need to understand about Novel Food CBD

For professionals, Novel Food is a strategic issue. It concerns compliance, liability, labeling, controls, suppliers, technical data sheets, certificates of analysis, and product positioning. A professional cannot limit themselves to checking the THC level.

The sensitive points include:

• the exact nature of the ingredient used;
• the origin of CBD or hemp extract;
• cannabinoid concentration;
• the claimed use of the product;
• proof of Novel Food authorization, if required;
• labelling and advertising;
• health claims;
• supplier documentation;
• upstream and downstream traceability;
• the ability to respond to a control.

Traceability becomes central

In the event of an inspection, it may be necessary to provide supplier invoices, certificates of analysis, technical data sheets, proof of conformity, labels, batch documents, and information on business customers. Therefore, conformity should not be improvised at the time of the inspection; it must be established beforehand.

FAQ: CBD and Novel Food

Is CBD a Novel Food?

Isolated CBD, cannabinoid-concentrated hemp extracts, and certain CBD-containing food products may be considered Novel Foods in the European Union. This classification depends on the nature of the ingredient, its intended use, and the product category.

Is hemp still a Novel Food?

No. Certain parts or derivatives of hemp, such as hemp seeds or hemp seed oil, have a history of use in food. However, cannabinoid-enriched extracts or isolated CBD may fall under the Novel Food category.

Is a THC threshold of 0.30% sufficient to make a food product compliant?

No. The THC threshold is an important criterion, but it does not replace Novel Food analysis. A CBD food product can meet the THC threshold while still requiring Novel Food authorization.

Are CBD gummies affected by Novel Food regulations?

CBD gummies or candies may be affected if they are intended for ingestion and contain cannabidiol or cannabinoid-enriched hemp extracts. Their compliance depends on their composition and regulatory status.

Does the EFSA 2026 opinion authorize all CBD food products?

No. EFSA has established a provisional safety level for certain food supplement formulations containing CBD purified to at least 98%, under specific conditions. This does not constitute a general authorization for all CBD food products.

Are CBD cosmetics affected by Novel Food regulations?

Cosmetics are not food. They fall under the European cosmetics framework, provided they are intended for external use and presented as such. Their compliance must be assessed according to cosmetics regulations, not Novel Food regulations.

Are CBD flowers a Novel Food?

CBD flowers should not automatically be considered food. Their status depends on their presentation, their intended use, and the applicable national regulations. In France, the issue of flowers and leaves has been clarified by the Council of State, but their sale must comply with the THC threshold and other applicable rules.

Why is CBD food subject to such close scrutiny?

Because a food product is ingested and can expose the consumer repeatedly, the authorities want sufficient data on safety, dosage, purity, manufacturing processes, and potential long-term effects.

Can a CBD product be legal as a cosmetic but not as food?

Yes. The product category is crucial. An ingredient may be acceptable in a cosmetic context while raising concerns in a food context, or vice versa.