The hemp wellness sector is entering a pivotal phase. Between stricter controls in France, progressive clarification of the European framework and increased scientific pressure surrounding cannabidiol, the coming months mark a turning point for all operators who market food products containing hemp extracts.
From May 2026, the combination of actions by the Directorate General for Food (DGAL) and the strict application of the Novel Food will profoundly redefine the rules of the game. Behind the sometimes alarmist rhetoric circulating within the sector, a more structured reality is emerging: a more coherent, but also more restrictive, legal framework.
This analysis provides you with a clear, factual and legal perspective, distinguishing between the regulatory framework, the concrete implications and the real risks for professionals.
The European framework: CBD under the Novel Food regime
The starting point is European, and it is essential. Regulation (EU) 2015/2283 on novel foods — commonly known as Novel Food — requires that a food ingredient not consumed in significant quantities before May 15, 1997, be subject to prior authorization before being placed on the market.
In this context, the European Commission considers that:
- Extracts of Cannabis sativa L. containing cannabinoids fall under the category of Novel Food.
- concerned Isolated or enriched CBD is also
- Food products containing it are therefore subject to authorization
This point is fundamental: it is not an automatic ban, but a lack of authorization which makes marketing legally precarious.
A deadlock at the European level
For several years, numerous Novel Food applications have been submitted by CBD manufacturers. However, to date:
- No comprehensive and generalizable authorization has been granted for CBD extracts.
- The files are awaiting evaluation or are suspended
- The authorities are requesting additional toxicological data
As a result, the market has developed in a regulatory grey area, tolerated in some states, but legally uncertain.
EFSA and scientific pressure: a turning point in 2026
In February 2026, the European Food Safety Authority (EFSA) took a significant step by publishing a provisional safe intake level for CBD.
Key figures
- 0.0275 mg/kg of body weight/day
- That's about 2 mg per day for a 70 kg adult
This threshold is extremely low compared to the majority of products on the market.
The identified scientific concerns
EFSA highlights significant uncertainties regarding:
- The liver (hepatotoxicity)
- The nervous system
- Reproduction
- The immune system
These elements have a direct impact: they strengthen the position of national authorities who wish to regulate CBD food products more strictly.
The role of the DGAL: moving from tolerance to a control approach
In France, the DGAL is the authority responsible for food control. For several years, it has included hemp and its derivatives in its monitoring plans.
An existing control plan
Official instructions show that:
- A national plan for controlling foodstuffs containing hemp/CBD is in place.
- It is based in particular on:
- The decree of December 30, 2021
- Article R.5132-86 of the Public Health Code
- Samples are taken every year
This plan is therefore not new. What changes in 2026 is the intensity and the regulatory interpretation.
May 2026: Towards stricter enforcement of food law
May 2026 marks an important milestone not through a new law, but through a more rigorous application of existing rules.
What is actually changing?
The French authorities seem to be leaning towards:
- A strict reading of Novel Food
- A reduction in tolerance zones
- Harmonization of controls
In practice, this means that food products containing hemp extracts are more exposed to administrative measures.
The most exposed products
Not all products are affected in the same way. The essential distinction lies in the presence of hemp extracts containing cannabinoids.
High-risk categories
- Ingestible sublingual oils
- Gummies and confectionery
- CBD-enriched drinks
- Chocolates and processed food products
- Dietary supplements based on hemp extracts
These products combine two characteristics:
- Presence of cannabinoids
- Food use
These are precisely the two criteria that trigger the application of Novel Food.
The products less affected
Conversely, some categories remain outside this specific issue.
Traditional hemp products
- Hemp seed oil
- Hemp flour
- Hulled seeds
These products have a history of food consumption and do not fall under Novel Food.
Other categories
- Cosmetics (different regulations)
- Products not intended for ingestion
Note, however: this does not mean a total absence of regulation, but simply a distinct legal framework.
The specific case of food supplements
The French CBD market has partly structured itself around the status of food supplement.
The Compl'Alim system
In France, operators can declare their products via the Compl'Alim system and obtain a declaration certificate.
But it is essential to understand that:
- This certificate is not a Novel Food authorization
- It does not guarantee compliance with European law
- It does not protect against a DGAL inspection
A common confusion
Many actors interpreted this statement as an endorsement. Legally, this is not the case.
The checks: how does it work in practice?
During a DGAL inspection, several elements are analyzed:
1. The actual composition of the product
- Presence of cannabinoids
- CBD content
- Traces of THC
2. Labeling
- List of ingredients
- Allegations
- Transparency for the consumer
3. Regulatory compliance
- Novel Food Status
- Health safety
Possible measures in case of non-compliance
Food law provides for several levels of intervention.
Withdrawal from the market
The product is withdrawn from sale without necessarily being recalled.
Consumer recall
If a risk is identified, a recall may be required.
Strengthened measures
In the most serious cases:
- Administrative procedures
- Sanctions
- Seizures
These measures are not specific to CBD, but apply to any non-compliant food product.
Labeling: a critical point
Faced with regulatory pressure, some operators are considering changing their labels.
This is a major strategic error.
For what ?
If an ingredient is present but not listed:
- This constitutes a failure to provide consumer information.
- This can be considered a deceptive practice.
- The penalties can be more severe than the initial problem
The logic of controls is based on the reality of the product, not solely on marketing.
Case law and confusion: the Kanavape case
The Kanavape of the Court of Justice of the European Union is often misinterpreted.
What he actually said
- A state cannot prohibit a product legally manufactured in another member state
- If this ban is not justified by a proven risk
What he doesn't say
- It does not abolish the Novel Food regulation
- It does not automatically validate CBD products
- It does not exempt you from food authorization
This is a key point to avoid analytical errors.
Regulatory convergence in Europe
France is not isolated. Several European countries:
- They are strengthening their controls
- They strictly apply the Novel Food
- Awaiting the Commission's decisions
The European market is moving towards stricter harmonization, even if differences persist.
The economic stakes for the sector
The CBD food market represents a significant portion of the revenue for many players.
Potential impacts
- Withdrawal of certain product lines
- Reorganization of catalogs
- Increased compliance costs
A transformation of the market
In the medium term, we can expect:
- A concentration of actors
- Increased professionalization
- A regulatory upgrade
Key takeaways
The context of May 2026 does not correspond to a new abrupt ban, but to a stricter application of an existing framework.
The key structural elements are:
- The Novel Food Regulation
- The lack of widespread authorizations
- Strengthening of DGAL controls
- The scientific positions of theEFSA
For food products containing hemp extracts, the level of regulatory risk is now high and concrete.
Strategic Market Analysis
The current period marks the end of a model based on implicit tolerance.
Operators must now integrate:
- A strict compliance approach
- Anticipation of the controls
- A rapid adaptation of their offer
CBD remains a dynamic market, but it is entering a phase of regulatory maturation, where legal certainty becomes as important as product quality.