Hemp CBD Labeling Requirements: How to Mitigate Risk

Every week, clients ask us to review their hemp-derived cannabidiol (“Hemp CBD”) products to ensure “full compliance.” Unfortunately, given the patchwork of often conflicting state labeling laws, and the lack of a federal pathway for the sale and marketing of these products, it is virtually impossible for Hemp CBD stakeholders to meet compliance standards.

Consequently, we review labels to ensure certain labeling requirements that have become standard across jurisdictions are met for the particular category of products at issue (e.g., conventional foods, dietary supplements, cosmetics or smokable products) to mitigate the risk of non-compliance, and thus, reduce the threat of enforcement actions.

These requirements include the use of:

A statement of identity; A declaration of the net quantity of contents; A list of all ingredients in descending order of prominence, which clearly identifies the hemp extract and/or CBD; If expressly advertised, the concentration of CBD, and any other cannabinoids, in milligrams; The name and address of the manufacturer or distributor; The product’s intended use or directions; A scannable bar code or QR code, which provides information such as
(a) the product certificate of analysis tested by an independent testing laboratory to show the product (i) contains hemp that was lawfully cultivated under a


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