On 5 June, EMCDDA released a publication about cannabis laws and recent changes within the European Union including cosmetic products with cannabinoids such as CBD. With many consumers attracted by its possible advantages, the usage of cannabis in cosmetic goods has received attention recently. However, the legality of such products is a complex problem and particular laws and limitations control them. We will examine the legal framework governing cannabis-infused cosmetics with a focus on European Union (EU) laws.
How to define the cosmetic product with cannabis?
According to Regulation (EU) No 1223/2009, cosmetic products are substances or mixtures designed for external use. They are useful to clean, perfume, alter appearance, protect, or maintain the body. This includes coming into contact with the mucous membranes of the oral cavity as well as the skin, hair, nails, lips, and external genital organs. Some CBD or other cannabinoid cosmetics can help in treating numerous issues, such as skin ulcers.
The compounds that are not allowed in cosmetic formulations appear in Annex II of the EU Regulation on Cosmetic Products. There is a clear list of illegal cosmetic substances, including cannabis and cannabis derivatives (cannabinoids). It’s important to remember that the definition of cannabis in the legislation only relates to the plant’s flowering or fruiting tops, eliminating the seeds and leaves when they are not present.
Legal status of cannabis cosmetics
Cannabidiol (CBD) does not qualify as a prohibited substance in cosmetic products. CBD does not appear on the Annex II entry (306) of the EU Regulation on cosmetic products. It is a result of the Court of Justice of the European Union (CJEU) decision that it is not subject to the limitations of the 1961 Convention.
Several cosmetic compounds originating from the cannabis plant belong in the EU Cosmetic compounds database (CosIng). The listing of a component in the database, however, is not an indication for the approval in cosmetic products. EU regulations forbid some components derived from the cannabis plant’s flowers, but they do not forbid ingredients from the plant’s roots or seeds. Some chemicals might be restricted or covered by national laws governing regulated substances.
Safety requirements for cosmetics
Article 3 of the Regulation on cosmetic products refers to all available on the market products. When put forward under typical or expected circumstances, they must be safe for human health. Additionally, the regulation requires producers to alert consumers about new items before they enter the market.
As a result, the EU Regulation on Cosmetic goods contains specific regulations that must be met in order for cosmetic goods containing cannabis to be permitted. While cannabis and cannabis extracts are unlawful CBD has been subject to this prohibition. Specific limitations, ingredient lists, and safety standards related to cannabis-derived substances in cosmetic goods must be known by makers and consumers. Additionally, national laws on controlled substances may also be applicable, highlighting the importance of adhering to local laws. Manufacturers may create safe and legal cosmetic goods that give customers accurate information and peace of mind.