Label Requirements For CBD And Cannabis Products
Time to read 5 min
Time to read 5 min
Label requirements for CBD and Cannabis products can be an obtuse process due to the growing regulations surrounding this category. The ground is constantly shifting, and each year there seems to be changes.
The biggest issue facing CBD and Cannabis products is the lack of strict requirements on a federal level, but a state-by-state basis. This can lead to some products violating those requirements, and having lawsuits filed against the companies.
The Food and Drug Administration (FDA) recently reported to Congress on the state of mislabeling in the industry. The biggest issue? Only half of the products tested had the actual THC amount listed on the product.
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To understand where your product fits in the legal landscape, the FDA has put together a dedicated questionnaire about cannabis products.
The minimum requirements for most states are listed below, but be sure to check your states’ regulatory information to be sure.
Though every state has their own mandates for products, but the Food, Drug and Cosmetic Act (FDCA) has a list of general requirements that the industry has been following.
Below are those requirements, along with some additional guidelines and best practices.
Clearly indicate what your product is, and does, the strain, etc. All of this must be included on the Product Display Panel (PDP). It must be listed at least once, but listing in multiple places can be good for the customer.
Next, you must label the amount of the actual product, minus any packaging, as well as the amount of active THC / CBD per serving. This must be measured by weight or volume, depending on the substance. The net contents must appear within the bottom 30% of the PDP of the outer packaging, and also included on the inner container.
A clear list of any and all ingredients inside the product, and the amounts of strains. This requirement is clearly aiming to prevent CBD products from simply listing CBD as a way of avoiding any rules.
If there is no outer packaging, then this must be included on the main packaging or container holding the substances.
Next a clear identification of the manufacturer name and address, and the packer or distributor, if applicable. The name is required on both inner and outer packaging of your products. Including a phone number is also encouraged, though not required.
Any important product information that surrounds usage or any other important facts that a consumer may need to know, should be clearly labeled. This could be as simple as “better for nighttime usage”.
Here are few other items to consider including:
This next element is not mandated in all legal states, but it will likely become a standard thanks to advances in technology.
Including a QR code or a scannable barcode that links to a website, documents, or videos can help inform customers, and allow law enforcement to quickly track down the product information.
While not all states include this mandate, it could easily become a sweeping regulation as more states legalize CBD and Cannabis.
A statement like “The FDA has not evaluated this product for safety or efficacy” is best to include. This is common in other health products.
Including standard warnings for pregnant women, children, and potentially at risk people is a good idea. Similar to medications.
Though obvious, it’s also a good idea to include information that the user would fail a drug test if digesting hemp, CBD, or Cannabis.
As all the requirements above would lead you to believe, but making any medical or health claims is not allowed.
The FDA has limited enforcement actions that they can take against these companies, but states are demanding that products being sold must be free of any such claims.
As stated at the beginning of the article, it’s best to continually check the latest regulations to ensure you’re compliant. Each state has their own policies, and they will continue to evolve. By including more than is “required” you will help mitigate any risks of potential legal actions.
NOTE: You should consult all federal, state and local regulations that pertain to your CBD or Cannabis product before creating labels and packaging.
Any company found out of compliance with the above label requirements will get a letter from the FDA of immediate action they need to take. They’ve been very active in the market to find any culprits.
So stay on top of the regulations and stay compliant!
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