CBD law in the United States – CosmeticsDesign.com USA

Where does the use of CBD stand legally in the US? What legal boundaries exist in the US of CBD?

The market for products containing hemp-derived cannabidiol (CBD) has risen sharply since the passage of the 2018 Farm Bill. Over the past several years, companies have continued to introduce new products containing CBD across consumer-packaged goods categories. 

The FDA has publicly stated that the sale of food and beverage products containing CBD is unlawful at the federal level. (See here​ and here​). Nonetheless, the FDA acknowledges​ that foods, dietary supplements and cosmetics (among other products) continue to be available “almost everywhere” despite FDA’s many unanswered questions about product quality and safety. 

In the absence of a clear enforcement policy from FDA, states are leading the charge on regulation of products containing CBD. These state laws can vary widely, leading to conflicting mandates, and complicated situations for businesses.

Regarding cosmetics, the FDA’s position​ is that products containing CBD must comply with federal regulations regarding cosmetic products, and no ingredient, including CBD, can be used in a cosmetic if it would cause the product to be adulterated or misbranded.

Further, if the cosmetic product containing CBD was marketed with claims regarding the product’s effect on the structure or function of the body or the product’s ability to cure or treat disease, the FDA might regulate the cosmetic as a drug. 

In addition, the Federal Trade Commission (FTC) announced a focus on CBD products making unsubstantiated health claims. For example, they brought suit against a company​ manufacturing CBD skin creams and other products that claimed that CBD could treat or prevent cancer and Alzheimer’s Disease.  

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