CBD (cannabidiol) as a “cosmetic” product may soon be banned in the European Union as France moves to classify it as a reproductive toxin.
On September 11, France submitted a proposal to the European Chemical Agency (ECHA) to classify CBD as a “carcinogenic, mutagenic, or toxic for reproduction (CMR) substance” based on its potential “reproductive toxicity.” announced.
The proposal, which was first announced in June last year, would require ECHA to establish the safety of substances when used as cosmetic ingredients, with the aim of establishing the safety of pure CBD and extracts that may contain contaminants such as THC. We are requesting the submission of safety data.
Some studies, including a 2019 FDA literature review, suggest that CBD can cause male reproductive toxicity in animals, but Dr. One Benjamin Alexandre Jeanroy said the proposal may be driven more by politics than science.
what happened?
ECHA has announced France's intention to introduce 'Harmonized Classification Labeling' (CLH) for CBD, a process designed to ensure consistent labeling and effectively manage potential risks.
The French proposal focuses on the potential reproductive toxicity of CBD, citing the substance's negative effects on all aspects of the reproductive cycle, including impairment of reproductive function and induction of adverse effects in the embryo.
This is part of a broader effort by the Scientific Committee for Consumer Safety (SCCS) to establish uniform standards across the bloc and regulate the use of novel ingredients in cosmetics.
From 2021, CBD will be included in the EU's official database of cosmetic ingredients, the Cosmetic Ingredients Database (CosIng), under two separate entries covering both synthetically produced CBD and extraction-derived CBD. I am.
At the bottom of the list, it states that CBD may be used for antioxidant, anti-sebum, and skin-protecting properties.
Although CBD is permitted for use in cosmetics, full regulations have not yet been determined and the substance is in a gray area and is not well known to CBD businesses operating in Europe. It must have been done.
The final decision on the future of CBD in Europe will be taken by the CSSC, which could impose an outright ban on its use in cosmetics if the evidence submitted confirms its toxicity, but is subject to confirmation from the regulator. Such opinions could shape the future use of CBD.
That investigation will involve several steps, including document submission, consultation, and the preparation of a final opinion from the Risk Assessment Committee.
What is behind France's proposal?
France's relationship with CBD has been rocky in recent years, and this is not the first time France has attempted to restrict or outright ban its use.
The most notable was the 2020 Canavape case, in which the European Court of Justice ruled that French authorities should not be allowed to prosecute two businessmen who imported CBD flower from the Czech Republic in 2014 because CBD was “not a narcotic.” ruled that he had committed an illegal act.
This attempt to crack down on CBD backfired and set a legal precedent that saved many CBD companies from prosecution in Europe over the past few years.
Jeanroy said the case could follow a similar course.
“The way French authorities have treated cannabis and cannabis in recent years has often prioritized politics over science, and science is sometimes used to justify specific policies they want to promote,” he said. told Business of Cannabis.
“The question is, why is France doing this? I think we need to place this issue in the context of France's involvement over the past 10 years, especially since Macron took office. Macron The president has been primarily a force for conservatism on these issues.”
He explained that this conservative stance had been demonstrated “directly” two years ago at a drug policy conference organized by the Czech Republic's Presidency of the Council of the European Union.
“This was the first time that cannabis was at the center of such a discussion. What I observed was that France did not act as a major aid, but rather as a force to maintain the status quo in this forum. We've seen this before with efforts to restrict the use of cannabis flower, and now France is trying to limit the legality of CBD in the European Union.
He further pointed out that these issuances are primarily handled by France's Inter-Ministerial Mission on Drug Addiction (MILDECA), which falls under the authority of the Prime Minister but is heavily influenced by the Ministry of the Interior.
He says that since Nicolas Plisse became MILDECA president, the organization has become a force for maintaining the status quo, in particular the prohibition of cannabis and limiting its legal use to the greatest extent possible.
He added that given that this decision will be taken by the EU, it is worth considering that he believes France's influence at the international level is weakening.
“This is a collective process, so it will depend on how much influence France has…France doesn't seem to have had much success in the past when it comes to market closures and different uses of CBD.
“Given France's apparent loss of influence in the new regime after the European elections, including the withdrawal of France's candidacy for the European Commission, there is a definite sense that France is losing some influence within the European Union. ”, so that doesn't bode well.
“So while this is an important topic for France, I don't know if it will have as much of an impact as France hopes.”
