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How CBD Product Labels Stray from Regulatory Requirements

compliant cbd products

From understanding permissible statements to avoiding misleading claims, discover permissible and impermissible CBD product label claims to ensure compliance and consumer trust. LegitScript’s CBD Certification assures consumers that your products are labeled transparently and compliant with local and federal laws.

Know Your CBDs of Product Labeling

In the intricate and rapidly evolving world of CBD, adhering to regulatory requirements surrounding CBD product label claims is crucial for ensuring transparency, consumer safety, and legal compliance. While regulatory requirements surrounding CBD product label claims can vary depending on factors such as the intended use of the product or the jurisdiction in which it is sold, there are some common principles and guidelines to consider.

All CBD product labels should comply with general labeling requirements, such as including a list of ingredients, net weight or volume, manufacturer or distributor information, and any applicable warnings or precautions. Labels should be clear, legible, and prominently display all required information to ensure consumer safety and transparency. CBD businesses should carefully review and adhere to all applicable regulatory requirements when making claims on product labels. Failure to comply with these regulations can result in enforcement actions, fines, or other penalties. Keep reading to discover the regulatory requirements pertaining to CBD product label claims.

Understanding Regulatory Requirements

Requirements set forth by agencies such as the FDA and FTC dictate what claims can be made on CBD product labels, ensuring they are truthful, not misleading, and supported by scientific evidence. Adhering to these regulations is critical as it helps protect consumers from false or exaggerated claims, maintains the integrity of the CBD industry, and mitigates the risk of enforcement actions or penalties for non-compliance.

FDA Regulations: The Food and Drug Administration (FDA) regulates CBD products intended for therapeutic or medicinal use. Currently, the FDA prohibits the marketing of CBD products as dietary supplements and foods, or those making health claims without approval. Any claims made about the health benefits of CBD products must be supported by substantial scientific evidence and approved by the FDA. Currently, no CBD product has been approved by the FDA — with the exception of one for the treatment of seizures associated with two rare and severe forms of epilepsy (Epidiolex).

FTC Guidelines: The Federal Trade Commission (FTC) regulates advertising and marketing claims, including those made on product labels. CBD businesses must ensure that any claims made on labels are truthful, not misleading, and substantiated by scientific evidence.

Exaggerated or unsupported claims about the efficacy or benefits of CBD products can lead to enforcement actions by the FTC.

State Regulations: In addition to federal regulations, CBD businesses must also comply with state regulations governing product labeling and advertising. Some states have their own specific requirements for CBD product labels, such as warning statements, dosage instructions, or ingredient disclosures. It's important for businesses to familiarize themselves with the regulations in each state where their products are sold.

Common Misleading Claims

Common misleading claims for CBD topical products often involve overstated or unsubstantiated assertions about their effectiveness in treating various health conditions. Health claims imply that a product can diagnose, treat, cure, or prevent a disease, which would categorize the product as a drug and subject it to stringent regulatory approval processes by the FDA.

Additionally, labels may not make claims that the products affect the structure or function of the body (e.g., “eliminates wrinkles”). Regulatory bodies enforce restrictions on CBD impermissible claims to protect consumers from false advertising and ensure they have access to accurate information when making healthcare decisions.

Common claims include guarantees of pain relief, anti-inflammatory claims, or claims regarding rapid healing without adequate scientific evidence to support them. While some CBD products may show potential promise in these areas, making these claims on CBD product labels without substantial scientific evidence and explicit FDA approval is impermissible.

Please see a list of some common impermissible claims found on CBD product labels that you should avoid:

  • “Relieves pain”
  • “Relieves soreness and muscle aches”
  • “Reduces inflammation”
  • “Anti-inflammatory”
  • “Healing effects”
  • “Promotes natural healing”
  • “Maintain and aid healthy sleep cycles”
  • “Supports sense of calm”
  • “Manages/Reduces stress”
  • “Restores blood flow”

Building Consumer Trust in CBD Marketing

Building consumer trust is paramount when marketing CBD products, as the industry is still relatively new and can be perceived as lacking regulation. By prioritizing transparency, honesty, and integrity in your marketing efforts, you can reassure consumers about the quality and safety of your products. Instead of promoting unsubstantiated therapeutic benefits, focus on highlighting the product's features, such as its quality, ingredients, and intended use for beautification or cleansing.

Emphasize transparency by providing accurate information about the CBD content, extraction methods, and third-party testing results. By steering clear of health and structure/function claims and sticking to truthful, substantiated marketing messages, you can ensure compliance with regulations while building credibility with your audience.

LegitScript CBD Certification Ensures Continued Compliance

It's essential for businesses operating within the CBD industry today to stay informed of changes in regulations to ensure continued compliance. LegitScript’s CBD Certification not only ensures compliance when a product is certified, but supports businesses in maintaining continued compliance through our active monitoring solutions included within your certification. Continued compliance with all regulatory requirements is essential for CBD businesses to build trust with consumers, establish credibility, and maintain long-term success in the market.

Contact us for a quick strategy session to help ensure your products are labeled transparently and compliant with local and federal laws.

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