Regulatory report: current and future regulation of CBD pouches in the EU

Despite a lack of clarity, CBD pouches are currently most likely to fall under a general consumer regime, considering the existing EU legal framework. Pouches as an overall product potentially sit between several regulatory regimes due to their intrinsic characteristics, meaning there is a significant degree of uncertainty and EU members states have made their own independent decisions.

This report provides discussion on the various ways in which these products could be regulated at EU level, as well as how the regulations could change following the new Tobacco Products Directive 3, TPD3) report, due this month.

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Table of contents

1.Executive summary
2.How are CBD pouches currently regulated?
– What are CBD pouches?
– What are the existing options for their legal classification?
– Should CBD pouches be commonly classified as a consumer product in the EU?
– Could it be regulated as any other tobacco-related or tobacco product under the TPD?
– Could it be regulated as a food product?
– But are pouches a food?
– But is CBD an acceptable ingredient for other edible products?
– Could it be regulated under medicinal/pharma regulations?
3.What does the future hold?
– The TPD3 and CBD-containing nicotine-free pouches
– Four scenarios for pouches’ regulation in the EU

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