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UK: MHRA issues guidance on CBD e-liquids

An email that circulated today has provided some clarity on the regulation of CBD e-liquid

According to the email seen by The CANNAVIST, understood to be from Tobacco Products Directive (TPD) notifications at the MHRA, CBD e-liquids do not fall under vape regulations unless they contain nicotine.

The MHRA considers CBD to be an additive. Additives are prohibited regulations 16(1)(a) of the Regulations.

The email states.

“Regulation 16(1)(a) prohibits the use of “vitamins or other additives that create the impression that a tobacco product has a health benefit.

“It is the opinion of the MHRA that CBD falls within this category because CBD-containing products are commonly offered for sale to consumers by retailers who operate within the health and wellbeing sector and information promoting a range of perceived health and wellbeing benefits of CBD is widely available.

“The MHRA, therefore, considers that the inclusion of CBD is likely to create the impression that the product has a health benefit.

“Consequently, the inclusion of CBD as a notified product is deemed to be in breach of regulation 36(5)(a), which provides that: “Nicotine-containing liquid in an electronic cigarette or refill container—(a)

“Pursuant to regulation 36(1) no person may produce or supply an electronic cigarette or refill container unless it complies with regulation 36(5), and you are reminded that a breach of this would constitute a criminal offence under regulation 48(d) of the Regulations.

“This opinion is consistent with the prohibitions on other additives under the Regulations and is not a statement of CBD’s safety for use in consumer products.”

We have contacted the MHRA for clarity on some of the points raised in the email.

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