We're in the midst of a "marijuannaisance," as one blogger calls it, and the skincare and cosmetics industry caught on to this long ago. Hampered by weed's illegal status in the States, it turned to cannabidiol (CDB) instead—the cannabis compound with less bad press and a host of fabulous properties. CBD cosmetics and skincare are touted to be celebrity favorites (fans include Olivia Wilde, Mandy Moore, and Busy Philipps), and high-end ranges increasingly grace shop shelves in sleek designer packaging. But consumers are still plagued by questions such as: "Are CBD cosmetics legal? And are they safe to use?" [1]
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It's no wonder consumers ask questions, because marijuana, hemp, and CBD legality in the U.S. are in what seems to be a constant state of confusion and change. At best, one can look at a couple of national legal landmarks and conclude for oneself while keeping an open mind.
Here's the lowdown on the some of the legal highlights regarding cannabis and derived products:
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Now, the general trend countrywide is toward more permissive cannabis laws, better product quality control, and an increasingly slick and structured market. This means that hopefully soon, snake-oil manufacturers and vendors will be fewer (they are out there, unfortunately. Read on to learn what to look out for on your product labels), and consumers will be able to buy without fear of the law.
So, the question of whether CBD cosmetics are legal doesn't have a straight answer just yet, but the signs are looking good.
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For other types as well as CBD cosmetics, FDA (U.S. Food and Drug Administration) approval is not necessary—but regulation is, and then only in terms of the purpose of use.
To quote directly from the FDA site:
"The FD&C Act defines cosmetics by their intended use, as ‘articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body...for cleansing, beautifying, promoting attractiveness, or altering the appearance’ ... Among the products included in this definition are skin moisturizers, perfumes, lipsticks, fingernail polishes, eye and facial makeup, cleansing shampoos, permanent waves, hair colors, and deodorants, as well as any substance intended for use as a component of a cosmetic product. It does not include soap...
But, if the product is intended for a therapeutic use, such as treating or preventing disease, or to affect the structure or function of the body, it’s a drug (FD&C Act, 201(g)), or in some cases a medical device (FD&C Act, 201(h)), even if it affects the appearance. Other ‘personal care products’ may be regulated as dietary supplements or as consumer products.” [3]
So, in short, this means that CBD cosmetics are not lawfully required to have FDA approval unless the product is advertised and used for medicinal purposes. The acquisition process of such is long, arduous, and expensive, so most manufacturers don't focus on medicinal CBD beauty and skincare products. Their marketing may mention the compound's healthful properties and a long list of research-supported benefits, however.
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To make sure you reap the most of this amazing molecule's benefits, you may want to look out for a few important things on the label.
If CBD cosmetics' legal considerations are very pressing, look for products with lab reports. These should give a precise list of the ingredients as well as info on whether the CBD is hemp-extracted. Law enforcement is very unlikely to hunt down CBD oil cosmetic product users, but personal discretion is always advisable.
Sources:
CBD cosmetics are touted to be celebrity favorites, but consumers are still plagued by questions such as: "Are CBD cosmetics legal?” Get the answers here.
CBD cosmetics are touted to be celebrity favorites, but consumers are still plagued by questions such as: "Are CBD cosmetics legal?” Get the answers here.
CBD cosmetics are touted to be celebrity favorites, but consumers are still plagued by questions such as: "Are CBD cosmetics legal?” Get the answers here.