If you search Sephora’s online catalogue for CBD and you’ll be directed to a selection of approximately 32 skincare products, 14 bath and body items, four fragrances, and two haircare SKUs. That’s quite a selection, and the international beauty emporium wouldn’t have invested the effort or money to curate it were it not witnessing current and anticipating future demand for such products. But while topical CBD skincare and beauty products may be popular, are they even legal, as far as FDA is concerned? What is the FDA’s stance on CBD cosmetics? And regardless, do beauty brands know what it takes to navigate this changing cosmetic-formulation landscape?

What is the FDAs Stance on CBD in Cosmetics 2

First and foremost, does the FDA permit the use in skincare products and cosmetics of hemp-derived cannabidiol, or CBD, the widely popular non-psychoactive cannabinoid that’s revolutionizing the health and personal-care spaces? But before answering, we may want to back up and ask what the FDA even considers to be a cosmetic. The answer lies in Section 201(i) of the Federal Food, Drug, and Cosmetic Act (FD&C Act), which defines cosmetics as “articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body…for cleansing, beautifying, promoting attractiveness, or altering the appearance.” That means that dermal moisturizers, nail polishes, lipsticks, eye creams, foundations, perfumes, hair colors, serums, even deodorants all qualify.

Increasingly, CBD is just such a substance. “There are lots of companies out there wanting to sell topical product with CBD and hemp,” says a shareholder of Greenberg Traurig LLP (Denver). And per the FDA’s stance on CBD in cosmetics, “There’s no prohibition on using CBD or hemp in cosmetics,” he says. “While FDA has indicated that ingestible products like food, beverages, and supplements may not contain CBD or hemp with CBD, it hasn’t taken the same position for topical products.” The exclusionary clause of the FD&C Act that the agency relies on for determining CBD’s impermissibility as an ingredient in ingestible products does not apply to topicals like cosmetics.

But that doesn’t give skincare and cosmetic brands free reign to make and market CBD products however they wish. While FDA enforces no prohibition on using CBD or hemp in cosmetics, any products thus formulated must still be safe and bear only those claims that FDA deems permissible. Brands may market and sell only nondrug products intended to cleanse, beautify, promote attractiveness, or otherwise alter the skin’s appearance, and none of those benefits appear to be attributable to CBD or hemp.

As the CBD regulation news continue to develop, Cosmetics if a huge stepping stone to eventually reach to Food and Drinks. Stay ahead of the game with HawkScanner. Upload your inventory and check your ingredients against the official FDA database, and HawkScanner constantly checks for any bad ingredients with live monitoring and automatic updates. Sign up today and start your free trial.