CBD gummies in France: why the 2026 Novel Food withdrawal changes everything

European regulation EU 2015/2283 classifies ingested CBD as a novel food. Any CBD product intended for food use must obtain European authorisation - the EFSA assesses, the Commission authorises.

But the assessment has been suspended since 2022 because of toxicological data gaps. No authorisation has been granted to date. The result: the DGAL has been strictly applying the regulation since 15 May 2026 and is withdrawing from the market every CBD food product that lacks authorisation.

The products concerned are:

• CBD gummies (with or without melatonin).
• Ingestible capsules.
• CBD drinks (kombuchas, sodas, functional waters).
• Infusions made from CBD buds.
• CBD chocolates and biscuits.
• Any food preparation adding CBD as an ingredient.

Still authorised:

• CBD flowers and resins for inhaling or vaporising (Conseil d'État, 29 Dec. 2022).
• Oils for external use (cosmetics, massage, non-food use).
• CBD cosmetics (CBD listed in the European CosIng database since 2021).
• CBD e-liquids under the TPD 2014/40/EU framework.
• Infusions of dried leaves or flowers (without CBD buds).
• Hemp seeds, seed oil and seed flour (which contain no CBD).

On 9 February 2026, the EFSA published a provisionally safe daily intake that is extremely low: 0.0275 mg/kg of body weight/day, or roughly 2 mg/day for a 70 kg adult.

That threshold comes as a surprise. The explanation: an uncertainty factor of 400 applied to hepatotoxic effects observed in animals. The safe level applies only to CBD purified to 98%, without nanoparticles, and excludes:

• people under 25;
• pregnant or breastfeeding women;
• people taking concomitant medication.

A typical gummy contains 10 to 25 mg of CBD per unit. From the very first dose, that provisional threshold is widely exceeded. This is not necessarily dangerous in the short term - but it does not meet the safety criterion adopted by the EFSA.

Since the withdrawal announced for 15 May 2026, several trends have been observed on the French market:

• Reformulation: some brands are turning their ingested gummies into topical formats (creams, balms).
• Pivot towards flower: the flower and resin segment is growing, historically the most legally stable format since 2022.
• Growth in cosmetics: the most favourable legal regime, with a stable CosIng listing.
• Market exit: several small players are withdrawing or consolidating.
• Selling abroad: commercial refocusing on more permissive European markets (Germany, Italy, Switzerland).

The DGCCRF inspected more than 1,200 products in 2024, with an infringement rate of around 15%. Non-compliance mainly involves therapeutic claims, labelling and the presence of banned cannabinoids.

Five reasons explain the authorities' position:

1. Hepatotoxic effects observed in animals at high doses.
2. Drug interactions documented via cytochrome P450 (many medicines are affected).
3. Presumed reproductive toxicity: in June 2025 ANSES proposed classifying CBD as "presumed toxic for human reproduction" (CLP category 1B). A European ECHA decision is pending.
4. Lack of toxicological data on prolonged regular use.
5. Frequent presence of contaminants in the informal market (banned synthetic cannabinoids, heavy metals, pesticides).

The aim is not to ban CBD outright. It is to structure the market around products whose safety is documented to European food standards.

Want to bring CBD into the end of your day? Several formats are still available in France:

• CBD flowers for vaporising - legal since 29 December 2022, subject to variety conditions and THC ≤ 0.30%.
• Sublingual oil for external use - cosmetic or massage formulation.
• Topical CBD cosmetics - cream, balm, massage oil.
• Infusion of dried flowers (without buds) - traditional use.
• CBD e-liquid - vaping in the evening.

Favour products that come with a certificate of analysis (CoA) from an independent laboratory, confirming the CBD content, the absence of THC above the threshold, and the absence of the cannabinoids banned since 2024 (HHC, H4CBD, THCP).

CBD is not a medicine. If sleep problems persist beyond three weeks, consult a healthcare professional.

• Not recommended for pregnant or breastfeeding women.
• Not recommended for minors.
• Not recommended for people on medication (anticoagulants, antiepileptics, immunosuppressants and anxiolytics in particular).
• Do not drive after taking it (a saliva test for THC is possible, Cour de cassation 21 June 2023).

• Since 15 May 2026, the DGAL has been withdrawing CBD food products without Novel Food authorisation.
• The EFSA safe daily intake is ≈ 2 mg/day for a 70 kg adult.
• Concerned: gummies, capsules, drinks, bud infusions, CBD chocolates.
• Still authorised: flowers, external-use oils, cosmetics, e-liquids, leaf infusions.
• ANSES has proposed classifying CBD as a reproductive toxicant (CLP category 1B).
• HHC, H4CBD and THCP have been banned since June 2024.

• Conseil d'État, 29 Dec. 2022, no. 444887 (flowers/leaves) — primary
• Conseil d'État, interim order, 24 Jan. 2022, no. 460055 — primary
• Cour de cassation, criminal division, 14 Jan. 2025, series of rulings (24-81.076, 24-81.078, 24-81.365, 23-84.130, 23-85.359) — primary
• EFSA – Provisionally safe daily intake for CBD as a novel food (9 Feb. 2026) — primary
• ANSES – Proposal to classify CBD as a reproductive toxicant, CLP category 1B (2025) — primary