It is now known that cosmetics infused with CBD pose the lowest risk to businesses. In fact, CVS, Walgreens, and Sephora are just a few of the major national retailers that have these products for sale now. This is partly due to the fact that the Food and Drug Administration (FDA) and many state regulators do not appear to have any problems selling and marketing these products, but also because the cosmetics industry has been self-regulated for almost a century.
In contrast to food, dietary supplements and pharmaceuticals, cosmetics do not have to be approved before being placed on the market. Instead, the FDA relies on consumer complaints to oversee this self-regulated industry. For example, cosmetic recalls are voluntary measures taken by manufacturers or retailers. However, some federal laws and regulations apply to cosmetics that are marketed in interstate commerce. Both the Federal Law on Food, Drugs and Cosmetics (FDCA) and the Law on Fair Packaging and Labeling (FPLA) stipulate that cosmetics must be labeled safely and properly.
In general, the FDA will consider a cosmetic unsafe or “adulterated” if it contains a harmful ingredient. Through the rulemaking process, the FDA has banned a small list of ingredients or substances from cosmetics. Even ingredients or substances not specifically listed in FDA regulations can be banned if they are found to be unsafe for the intended use. In their cannabis FAQs, the agency stated the following:
“Ingredients that are not explicitly addressed in the regulation must nevertheless meet all applicable requirements no ingredient – including a cannabis or an ingredient derived from cannabis – can be used in a cosmetic if the product is adulterated or incorrectly labeled in any way. ”
Therefore, manufacturers and distributors of CBD-infused cosmetics should ensure that their products are free of all substances included in FDA regulations, but also that their products are safe for human consumption before they are placed on the market. Adopting these good business practices not only protects the CBD companies from falling under FDA control, but also protects them from strict liability and other types of consumer litigation.
In addition, growing concerns about the safety of cosmetics led to demands for safer, cleanly labeled products, which in turn led to the exploding global market for natural and organic beauty, including the sale of safe and clean CBD-infused cosmetics. Thus, ensuring the safety and quality of CBD-infused cosmetics does more than reduce the risk of enforcement action: it also gives CBD manufacturers and distributors the opportunity to increase their revenues by giving consumers what they want.
In addition to ensuring the safety of their cosmetic products, CBD manufacturers and distributors must also check that their products are properly labeled or not "mislabeled". A cosmetic is mislabeled when it is incorrectly or misleadingly labeled, when it does not contain mandatory labeling information, or when it is manufactured in a misleading manner. According to several studies conducted over the past two years, many CBD-infused cosmetics on the market are mislabeled because they contain false potency statements, especially lower CBD concentrations than those listed on their labels. This problem is so widespread in the industry that several companies, including Charlotte's Web, have been faced with class action lawsuits against consumers. Therefore, anyone who makes, distributes, sells, or promotes CBD-infused cosmetics should ensure that their labeling is true and accurate, even if the FDA has not yet regulated the sale and marketing of these products.
Even if CBD-infused cosmetics pose the lowest risk for companies, there are still safety and labeling requirements that must be complied with under federal and state law.
Post CBD Cosmetics: Unregulated, yes. Risk-Free, No. first appeared at Harris Bricken.