Cannabidiol (CBD) Product Labeling – The Basic Principles

By Kenny Glatzel, Esq.

CBD products occupy a special space in the cannabis industry. CBD products are regulated under state law in similar manners as cannabis products, but the Food and Drug Administration’s (FDA) law is also implicated in CBD product labeling. Yet, CBD is the most popular type of cannabis product and is sometimes sold across state line.

Let’s get this clear: hemp and CBD from hemp are NOT controlled substances. The Farm Bill of 2018 has passed, removing hemp and CBD from the Controlled Substances Act. The growing, possession, sale, and consumption of hemp does not violate Federal drug law. That said, hemp and CBD are still subject to FDA law in its sale and labeling.

States also have laws on labeling cannabis products, sometimes with special category for CBD products to fill in the void. The basic requirements for a CBD product label are:

1. Statement of identity (tincture with CBD or hemp tincture)
2. Statement of weight, volume, or unit count
3. List of ingredient in descending weight order
4. Company’s name, address, phone number and website (optional)
5. Disclaimer statement
6. CBD amount

The easiest trap to fall in when it comes to CBD product labeling is health claim. The FDA has made it clear supplement or food cannot carry health claim. The statement “These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease” must be present. That means CBD products cannot make any health claims.

Another trap to fall into when it comes to medical claims is in the name of the product and company. If your company happens to be “Sleep Treatment Center”, placing that name onto a CBD product requires some thoughts, since simply doing so may result in an FDA warning letter.

What about structure/function claims? Many supplements carry these statements, such as “Calcium supports strong bones”. These are claims concerning maintaining or supporting normal functions or structure of the body. To be able to display these statements, adequate research supporting such statements must be available and well known. Calcium’s beneficial property in supporting bone structures is an example.

CBD product labeling may take into account structure/function claims to a degree to provide necessary information for consumers. It remains that this is an area that legal guidance is necessary, since what is acceptable is a complicated matter, separated from unacceptable health claims by very thin margins.

State law must also be taken into account. California allows the sale of CBD products under state law, but CBD amount declaration is implicated with testing requirements. Utah state has similar requirements, while Louisiana requires CBD products to not be labeled as supplement or food at all. Florida has very detailed requirements concerning CBD products labeling, including website batch information posting requirements. Many other states have also passed laws to allow the sale of CBD products, free from drug or FDA law, including Texas, where hemp farming is still not allowed. States also require corresponding Certificates of Analysis be posted on the producer’s or seller’s website. This means, CBD products, which may travel across state lines, must take into account.

A major concern from CBD producers is to ensure their products will not face legal action or warning letters while travelling in commerce. Labels complying with the law is an important step to ensure your CBD products can travel freely in their journeys to consumers.

For more information on CBD LABELING LAW, contact Premium IP Services, P.C. at www.preips.com, [email protected], or +1 619-889-2990.