-
Not much is known about the safety of cannabidiol CBD in cosmetic products, and the EU safety assessment of the substance is still in progress.
Below you will find interpretations in the issue, and new facts will be added to the compilation as more scientific data becomes available.
Does the EU Cosmetics Regulation prohibit the use of cannabidiol (CBD) in cosmetic products?
No. There are no references to cannabidiol (CBD) as a substance in Annex II to the EU Cosmetics Regulation, which lists the substances that are prohibited in cosmetic products.
However, the use in cosmetics of all substances listed in Tables I and II of the 1961 Single Convention on Narcotic Drugs is prohibited under reference number 306 of Annex II to the Cosmetics Regulation. In practice, this means the use of cannabis, cannabis resins, extracts and tinctures of cannabis as well as the use of flowering or fruiting tops of the cannabis plant in cosmetic products. These parts of the plant contain cannabinoids, such as CBD and tetrahydrocannabinol (THC).
In a case concerning e-cigarettes (C-663/18) the Court of Justice of the European Union (CJEU) stated that pure CBD extracted from the plant is not a narcotic substance within the meaning of the Single Convention. Thus, reference number 306 of Annex II to the EU Cosmetics Regulation does not apply to pure CBD used as an ingredient in cosmetic products even if it is extracted from a cannabis plant. If CBD is extracted from the plant, it may contain small amounts of THC as traces.
Under the Cosmetics Regulation, the non-intended presence of small quantities of prohibited substances is permitted but also in such casesthe responsible person must ensure that the product is safe to use. The use of THC as a cosmetics ingredient is prohibited. THC is a narcotic drug and commercial operators must also comply with the narcotics legislation.
Can CBD-containing cosmetic products be offered for sale in Finland?
They can be offered for sale if they comply with the requirements set out in the EU Cosmetics Regulation and the Finnish act on cosmetic products.
Cosmetic products must meet the general safety requirements specified in Articles 3 and 10 of the Cosmetics Regulation. The responsible person established within the EU and specified in Article 4 of the Regulation must demonstrate the safety of the product before it is placed on the market.
Marketing CBD-containing cosmetic products as medicinal products
According to the definition of a cosmetic product in Article 2(1)(a) of the EU Cosmetics Regulation, the purpose of a cosmetic product is to clean and perfume the external parts of the human body, change their appearance, protect them, keep them in good condition or correct body odours.
Thus, a product marketed to cure, mitigate or prevent diseases or their symptoms or intended to be ingested, inhaled or injected into the human body is not a cosmetic product even if it has been labelled in accordance with the cosmetics legislation or the information required under the Regulation has been submitted to the European Commission and entered into the CPNP portal.
Safety assessment process
The European Commission requests scientific information that is relevant to assessing the safety of CBD (Call for data on ingredients used in cosmetic products - European Commission (europa.eu). The information must be submitted to the Commission by 30 September 2024.
After this, the European Commission plans to request the EU Scientific Committee on Consumer Safety (SCCS), a body operating under the Commission’s auspices, to perform a safety assessment on CBD when used in cosmetic products.
France has also announced that it will submit a classification proposal on reproductive toxicityof CBD to the European Chemicals Agency in December 2023. The proposal would be in accordance with the CLP Regulation (EC) 1272/2008.
Updated 9.2.2024 at 10.11