Regulatory report: the implications of the Kanavape case on CBD in the EU

The CJEU’s decision in the Kanavape case will have a tremendous impact on the CBD industry in the European Union (EU). However, the breadth of its impact is not yet fully realised. This report examines what we can already determine from the CJEU’s opinion and some implications that it may have depending on how EU member states and courts interpret the ruling.

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Table of contents

  1. Executive summary
  2. Introduction
  3. What we know
  4. What does the Kanavape decision mean for novel foods and the cosmetics catalogue?
  5. To what extent can member states regulate the production and processing of CBD products inside its borders?
  6. What does it mean for broad and full spectrum products?
  7. What are the implications for the sale of hemp flower?
  8. Could the precedent from Kanavape be applied outside of the CBD regime?

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