Manufacturers of CBD-infused foods and beverages must comply with the Food and Drug Administration labeling rules. Currently, it is “unlawful under the FDCA to introduce food containing added CBD or THC into interstate commerce, or to market CBD or THC products as, or in, dietary supplements, regardless of whether the substances are hemp-derived.” It could be another 18 to 24 months before the FDA makes a decision regarding the approval of Hemp-CBD products for human consumption (foods, dietary supplements, and cosmetics) and what the label requirements will be. Until then, Hemp-CBD manufacturing companies should be cautious and conservative when labeling and marketing their CBD products.
The FDA regulates the content of labels for foods and beverages. Generally, a food or beverage label must include:
- An Identity Statement: (such as fruit juice)
- A Net Quantity of Contents Statements: An accurate statement of the quantity of the content inside the container by weight, concentration, measure, or numerical count.
- An Ingredient Statement: A list of the product’s ingredients in descending order of predominance by weight in the product.
- A Responsibility Statement: The name and place of business (city and state) of the manufacturer, packer, or distributor.
- A Nutrition Statement: Must appear by way of a prescribed format that provides detailed “Nutrition Facts” and “Supplement Facts” on the product.
Additionally, manufacturers and distributors must refrain from making claims that their product contains an ingredient that prevents, diagnoses, treats or cures serious diseases or conditions unless it has gone through the FDA drug approval process.
Failure to comply with these requirements would be deemed misbranding and subject the manufacturer, packer, or distributor to FDA enforcement action (absent an exemption).
The marketing and labeling rules surrounding CBD products are incredibly complex and nuanced. CBD businesses should consult with attorneys to minimize the potential liability of introducing their product and ensure the legally defensible labelling and marketing of their products.