CBD in cosmetics is now legal in Europe
The position of CBD products on the European Union market has not always been very clear and changes in legislation have caused confusion among consumers. However, the legislation has now been clarified and the use of the CBD in cosmetics is legal in the European Union.
The role of the CBD before the changes
Many cannabis entrepreneurs in Europe have marketed their products as foods. The European Union’s Novel Food Regulation has long defined the role of the CBD in Europe.
Novel food means a product intended for human consumption for which there is no significant documentation that it has been used extensively in the territory of the EU Member States before 1997.
CBD products were not covered by this regulation until in 2018 when it was decided to reform the regulation. As a result, the updated Novel Food Regulation concluded that there was insufficient documentation on the use of Cannabis Sativa L. as a nutrient. The flowers and leaves of the hemp plant were also not specifically mentioned in this revised regulation.
European Industrial Hemp Association
EIHA, the European Industrial Hemp Association, is an international organization that seeks to promote the interests of industrial cannabis entrepreneurs in Europe. EIHA proposed to the European Union that the CBD should be added in the European cosmetics database CosIng. The proposal included the removal of restrictions on Cannabis Sativa L. and the addition of three new INCI (International Nomenclature Cosmetic Ingredient) names to the list. Suggestions for names to be added were Cannabis Sativa leaf extract, Cannabis Sativa leaf / stem extract and Cannabis Sativa root extract. EIHA submitted its proposal in late 2019.
CBD legalized in cosmetics
The EIHA proposal and the judgment in case C-663/18 significantly contributed to the clarification of the role of the CBD in legislation when the EU decided to legalise its use in cosmetics in all its member states from February 2021.
CBD can be found in the CosIng database under the name Cannabidiol – Derived from cannabis extract, tincture, or resin. CBD products, such as CBD oil, can be legally marketed with the following properties: antioxidant, anti-sebum, skin protection, and skin care.
However, when ordering CBD products, keep in mind that not all CBD products on the market meet the legal requirements. The marketing of CBD products for oral use is in violation of local government legislation. It is also not permitted in the marketing to promise that the product improves health or otherwise affects like a medicine.