When the Agriculture Improvement Act of 2018 (the “Farm Bill”) was signed into law in December 2018, it gave the Cannabidiol (“CBD”) industry hope that this would be a boon for business. With the passage of the Farm Bill, companies thought that they would now be able to legally sell all things CBD infused, including CBD cosmetics, foods, drinks, animal treats, etc. However, the Farm Bill explicitly preserved the Food and Drug Administration’s (“FDA”) authority to regulate products containing cannabis or cannabis-derived compounds under the Federal Food, Drug and Cosmetic Act (the “FD&C Act”) and Section 351 of the Public Health Services Act (the “PHS Act”). The Farm Bill also gave states the power to establish their own regulations applicable to the production, sale and distribution of CBD products. As a result, companies that sell cosmetics containing CBD ingredients must be aware of both federal and state regulations concerning the lawful labeling and advertising of CBD cosmetics.
What must CBD businesses know about the advertising of CBD cosmetics?[Read More]