CBD Labeling Requirements in California
We previously discussed the CBD label requirements enacted by the FDA. CBD product manufacturers in the State of California must adhere not only to FDA requirements but to California regulations as well. The California Department of Public Health issues regulations concerning product packaging, including cannabis flower and cannabis extract manufactured products. With a little pre-planning, your product packaging can easily satisfy both sets of requirements and your CBD enterprise can avoid any unnecessary liability. Read on to learn about CBD product label regulations in California, and contact a seasoned cannabis business attorney for help setting up or managing a California cannabis enterprise.
California CBD Product Label Requirements
California distinguishes between non-manufactured cannabis products and manufactured cannabis products. Non-manufactured products are finished goods that contain only cannabis, plants, or plant material, such as immature plants, pre-rolls, and packaged seeds. Manufactured products are finished goods containing extracted cannabis or non-cannabis ingredients. There are also specific requirements for edible goods (candies, mints, drinks, etc.), cannabis concentrates (vape cartridges, tinctures, pills, etc.), and topical products (lotions, balms, patches, etc.).
In general, CBD products will have two different label parts: the primary panel, which is the portion most likely displayed to the customer at retail; and the information panel, which includes any other part of the label. Different product types may have specific, additional requirements applying to all products of that type (such as all cosmetic lotions). In general, however, the primary panel for a nonmanufactured cannabis product should include the following:
- Product identifier. The generic name or description for the item, such as “CBD tincture.”
- California’s universal symbol. California requires an official symbol for all cannabis and cannabis products.
- Net weight/volume. The label should list the weight or volume of the product in both metric and U.S. customary units (e.g., both “fl. oz.” and “ml”).
- “Cannabis-infused.” Food and drink products must include these words on the label.
Additionally, the information panel of a manufactured cannabis product must include:
- Manufacturer name and contact info.
- Date of packaging for retail sale.
- UID number. Unique tracking number issued through the track and trace system
- Batch or lot number.
- Government warning statement for cannabis products.
- Instructions for use and any required preparation.
- List of all ingredients, including sub-ingredients.
- Allergens. Should have the word “contains” followed by a list of any major food allergen.
- Artificial food colorings (if applicable).
- “Keep refrigerated” or “refrigerate after opening” (if perishable).
- “For medical use only” (if applicable).
Additionally, either the primary or information panel must include specific CBD content information. Products must include the specific cannabinoid content in percentages (e.g., THC: 15%; CBD: 1.5%). All packages must contain cannabinoid content per package, while edibles and concentrates with designated serving sizes must include cannabinoid content per serving. If other cannabinoids are present at volumes higher than 5%, they must be included.
There are a number of other specific rules regarding packaging that CBD products must follow, such as utilizing an appropriately-sized font and not being designed to appeal to children. Certain types of cannabis products must also be labeled with regard to the hazardous waste created. Speak with a seasoned cannabis attorney to ensure that your product labels follow all appropriate rules and regulations.
Call an Experienced California Cannabis Business Lawyer for Help With Your Marijuana Business
If you are interested in marketing CBD products or setting up a cannabis business, or if you are dealing with regulatory, tax, licensing, or other legal issues with your hemp, CBD, or cannabis business in Los Angeles or Southern California, call McReynolds Vardanyan, LLP, in Glendale at 818-855-2115. Our California cannabis business lawyers will work with you to get your budding business off the ground efficiently, effectively, and legally.