This guide translates complex label rules into clear steps you can act on today. You’ll learn what the FDA expects, what states commonly require, how to structure your panel text, and how to build compliance packaging that retailers approve.
Quick Snapshot: What Are CBD Labeling Laws?
- Hemp-derived CBD (≤0.3% delta‑9 THC by dry weight) is legal federally, but product categories have different rules.
- FDA currently does not permit CBD in foods or dietary supplements in interstate commerce.
- Cosmetics with CBD are allowed if they’re safe and not misbranded or making drug claims.
- States add their own requirements (e.g., QR codes to COAs, age warnings, THC statements).
Federal Framework You Must Know
2018 Farm Bill Basics
- Legalized hemp with ≤0.3% delta‑9 THC by dry weight nationwide.
- Did not override the FDA’s authority over foods, supplements, drugs, and cosmetics.
FDA’s Position on CBD
- CBD cannot be marketed as a dietary supplement or added to foods in interstate commerce.
- Cosmetics may contain CBD if they are safe, properly labeled, and make no disease or drug claims.
- Any disease claims (e.g., cures anxiety, treats pain) can make your product an unapproved drug.
Translation: federal ingredient laws allow hemp, but the FDA still restricts how CBD is used and marketed in many categories.
Core Label Elements Every CBD Product Should Include
Use this checklist to design labels that pass most reviews. Some items are universally required; others are common state expectations.
- Statement of identity: What the product is (e.g., “Hemp-derived CBD oil,” “CBD topical cream”).
- Net quantity of contents: Fluid measure or weight on the principal display panel (e.g., 30 mL; 1 oz).
- Ingredients list: All ingredients in descending order by weight. Use common names and indicate allergens where applicable.
- CBD/serving disclosure: Many states expect total CBD per container and per serving (e.g., 25 mg CBD per serving; 750 mg per bottle).
- THC statement: “Contains less than 0.3% delta‑9 THC (dry weight).” Some states require “non-intoxicating” language if accurate.
- Batch/lot number: Tied to your COA and manufacturing records for traceability.
- Manufacturing info: Name and address of manufacturer, packer, or distributor.
- Warnings: Keep out of reach of children; not for use during pregnancy or breastfeeding; not for sale to minors (if required by state).
- Directions for use & storage: Serving size, frequency, and storage conditions.
- Scannable link to COA: QR code or URL to an ISO/IEC 17025-accredited lab report matching the batch.
CBD Labeling Laws by Product Type
- Foods & beverages: FDA does not permit CBD in interstate commerce. Some states allow intrastate sales with strict conditions; branding must avoid implied health claims.
- “Dietary supplements”: CBD is not an approved dietary ingredient; using Supplement Facts can trigger enforcement. Many brands use “hemp extract” carefully—work with counsel.
- Cosmetics/topicals: Permitted if safe and not making drug claims. Use cosmetic-style warnings and Ingredient lists compliant with INCI naming.
- Pet products: FDA scrutinizes animal products closely. Many states regulate pet CBD; labels often require veterinarian cautions.
- Vapes/inhalables: Additional age restrictions, flavor limits, excipient safety, and shipping restrictions may apply; some states prohibit them entirely.
Packaging Requirements and “Compliance Packaging” Best Practices
- Child-resistant packaging: Many states require CR closures for ingestibles and vapes. Follow Poison Prevention Packaging Act standards (16 CFR 1700).
- Tamper-evident: Use seals or shrink bands that visibly show if opened.
- Opaque or UV-protective: Protect cannabinoids and terpenes from light degradation.
- Durable labels: Oil-resistant adhesives and inks for topicals and tinctures.
- Retail-ready: Space for price labels and scannable barcodes (UPC, batch-embedded if desired).
Many retailers now ask for a “compliance packaging” spec sheet showing CR certifications, materials, and QA checks.
Common State Add‑Ons You’ll See
- QR code to COA: Required in states like Florida and Texas. Must match batch/lot on the label.
- Age gating: “21+” or “18+” for ingestibles or inhalables, depending on state.
- Specific warnings: Pregnancy/breastfeeding, impairment warnings, or “not for inhalation” on certain product types.
- THC symbols or statements: Some states require a universal symbol or exact THC content disclosure.
- California Prop 65: Products with detectable THC may need a Prop 65 warning for reproductive harm.
Step-by-Step: Build and Validate a Compliant Label
- Define your product category (cosmetic, ingestible, pet). Federal and state rules differ.
- List your markets (states you’ll sell in). Pull each state’s hemp program label rules.
- Draft mandatory panels: principal display (identity, net quantity) and information panel (ingredients, warnings, firm name/address).
- Set cannabinoid disclosures: per serving and per container; align with your COA.
- Add THC and age statements required by your target states.
- Create a COA workflow: ISO 17025 lab, batch match, QR code URL permanence.
- Run a claim scrub: remove disease/therapeutic claims from labels and website.
- Packaging decisions: choose child-resistant and tamper-evident formats; document CR certifications.
- Legal and QA review: get counsel sign-off and conduct a print proof review before production.
Real-Life Example: The 48‑Hour Relabeling Sprint
A midsize CBD brand launching in Florida was flagged by a retailer: their labels lacked a QR code to a batch COA and didn’t show per-serving CBD. The buyer threatened to pull a 5,000‑unit PO.
In 48 hours, the brand generated state-ready COAs, created permanent QR links, added per-serving CBD, and reprinted a compliant neck label overlay. They kept the PO, and later rolled the same updates nationwide.
Lesson: small omissions can stall big opportunities. Build state checks into your artwork process early.
Claims You Can and Cannot Make
- Allowed: Factual, non-therapeutic statements (e.g., “lavender-scented,” “contains hemp-derived CBD”).
- High risk: Any disease or drug claims (e.g., “treats anxiety,” “anti-inflammatory,” “pain relief”).
- Implied claims: Avoid testimonials or imagery that imply disease treatment.
Documentation Brands Should Keep
- Supplier specs for hemp extract, including THC and contaminant limits.
- COAs for each batch, covering cannabinoids, residual solvents, heavy metals, pesticides, and microbials.
- Stability data supporting shelf life and “best by” dates.
- Child-resistant packaging certificates and tamper-evidence SOPs.
- Final print proofs archived with version control.
FAQs
What must be on a CBD product label?
At minimum: statement of identity, net quantity, ingredients, manufacturer/distributor name and address, batch/lot, warnings, and a scannable link to a matching COA. Many states also want per‑serving and total CBD amounts and a THC statement.
Is CBD allowed in foods or dietary supplements federally?
Not currently. FDA has stated existing frameworks are not appropriate for CBD in foods or supplements in interstate commerce. Some states allow intrastate sales with conditions—check local rules.
Do I need child-resistant packaging?
Often, yes—especially for ingestibles and vapes. Many states incorporate child-resistant standards, and retailers expect it. Choose PPPA-compliant closures and keep certificates on file.
Do I need a QR code to a COA?
Increasingly required by states like Florida, Texas, and New York. The QR code should resolve to a permanent page with the exact batch COA and product details.
What claims are safe?
Avoid disease or therapeutic claims. Stick to non-therapeutic descriptors and product facts. Review websites, social posts, and packaging for implied claims.
Conclusion
Staying ahead of CBD labeling laws is the simplest way to protect your brand and open doors with retailers. Lock in your core panels, add state-required elements, verify your COAs, and invest in compliant packaging. Need a second set of eyes on your artwork?