The European Commission has finally reintroduced natural CBD to the register of cosmetic ingredients allowed in the EU(CosIng).
A dutiful act, following the 19.11.20 ruling of the EU Court of Justice and the position statement of the UN Commission on Narcotic Drugs in favor of cannabidiol on 2.12.20 (1,2).
Natural CBD in cosmetics, green light from Brussels
‘Cannabidiol(CBD ) (Cannabidiol – derived from cannabis extract or tincture or resin)’ is the new entry introduced in the CosIng registry. A designation in addition to the previous one, ‘Cannabidiol – synthetically produced.’ (3) Natural CBD is thus definitively admitted as an ingredient in cosmetics produced or otherwise placed on the single European market.
The CosIng database has no formal legal value. However, it represents a guiding act of the European Executive, with a view to full harmonization of the internal market in the cosmetics sector. However, member states cannot take restrictive measures on the CBD in light of the Court of Justice’s 19.11.20 ruling. (1) Whose official interpretation, on the other hand, has binding force.
Natural CBD, the Brussels merry-go-round
Natural CBD, as it turns out, has been at the center of the Brussels merry-go-round for years. The European Commission has repeatedly tried to prevent its use in both the food and cosmetics sectors. With a series of acts completely devoid of any motivation except to respond to the opposing interests of Big Pharma:
– on 12.3.19, DG Grow added CBD and hemp seed oil to the list of banned substances in the CosIng registry, (4)
– on 22.3.19 the same DG Grow of the European Commission, also following our lively criticism, readmitted the above-mentioned ingredients to the ‘CosIng‘ register, (5)
– on 4/26/19, the European Commission banned the use of natural CBD in cosmetic products as ‘prepared as a cannabis extract, tincture or resin.’ Admitting instead the corresponding synthetic derivation matrix. (6)
What rights for operators?
Operators in the Cannabis Sativa L. supply chain, starting with primary agricultural production, have been severely affected by the Brussels roundabout. Unsubstantiated and sudden bans on CBD use have caused orders for the hemp derivative with the highest added value to plummet, wiping out substantial investments on its cultivation in the EU. In defiance of the principle of the legitimate expectation of the administrators in legal certainty. (7)
‘The principle of protection of legitimate expectations may be invoked by the economic operator in whom an institution has raised well-founded expectations’ (8).
It is time for operators overwhelmed by the Brussels joust to make their voices heard, including through actions for compensation for damages suffered.
Dario Dongo and Giulia Torre
Notes
(1) Dario Dongo. Natural CBD, EU Court of Justice declares unjustified bans unlawful. New horizons. GIFT (Great Italian Food Trade). 11/21/20, https://www.greatitalianfoodtrade.it/progresso/cbd-naturale-la-corte-di-giustizia-ue-dichiara-illegittimi-i-divieti-ingiustificati-nuovi-orizzonti
(2) Dario Dongo, Silvia Giordanengo. Cannabis Sativa, CBD. Green light from UN and European Commission. GIFT (Great Italian Food Trade). 7.12.20, https://www.greatitalianfoodtrade.it/progresso/cannabis-sativa-cbd-via-libera-da-onu-e-commissione-europea
(3 ) See https://ec.europa.eu/growth/tools-databases/cosing/index.cfm?fuseaction=search.details_v2&id=96287 and https://ec.europa.eu/growth/tools-databases/cosing/index.cfm?fuseaction=search.details_v2&id=93486
(4) Dario Dongo. Hemp food and cosmetics, stench in Brussels. GIFT(Great Italian Food Trade). 12.03.19, https://www.greatitalianfoodtrade.it/mercati/canapa-alimentare-e-cosmetica-puzza-di-bruciato-a-bruxelles
(5) Dario Dongo. Hemp in cosmetics, Commission backs down after our complaint. GIFT(Great Italian Food Trade) 22.03.19, https://www.greatitalianfoodtrade.it/consum-attori/canapa-nei-cosmetici-la-commissione-fa-marcia-indietro-dopo-la-nostra-denuncia
(6) Dario Dongo. CBD, food hemp and cosmetics. ‘Big Pharma’ vs. everyone. GIFT (Great Italian Food Trade). 1.5.19, https://www.greatitalianfoodtrade.it/consum-attori/cbd-canapa-alimentare-e-cosmesi-big-pharma-contro-tutti
(7) European Court of Justice (ECJ). Case C-459/02, Willy Gerekens and Association agricole pour la promotion de la commercialisation laitière Procola vs. Grand Duchy of Luxembourg. Sentenza 15.7.04, punto 28, su http://curia.europa.eu/juris/showPdf.jsf;jsessionid=3AA2648BA80BAF6E2EE70292C760E042?text=&docid=49422&pageIndex=0&doclang=IT&mode=lst&dir=&occ=first&part=1&cid=3048622
(8) European Court of Justice (ECJ). Case C-22/94, The Irish Farmers Association and others v. Minister for Agriculture, Food and Forestry, Ireland and Attorney General. Judgment 15.4.97, paragraph 25, at https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=CELEX%3A61994CJ0022&qid=1612228198635
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Graduated in law, master in European Food Law, she deals with agro-food, veterinary and agricultural legislation. She is a PhD in agrisystem.
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