CBD IN COSMETIC PRODUCTS

Nowadays, products based on Cannabis sativa represent a very popular trend in the most various fields, from food to pharmacology.
As for the cosmetic sector, before their use was limited to just a few niche proposals, but now it is becoming increasingly widespread and is also affecting the most commercial cosmetic companies.
The speed with which the phenomenon is catching on does not allow the relative legislation to follow up, leaving gray areas especially as regards the harmonization between the regulations of the different countries.
Before delving deeper into the regulatory framework, it is appropriate to clarify the definitions set out in the 1961 Single Convention on Narcotic Drugs:

“Cannabis” - means the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops) from which the resin has not been extracted, by whatever name they may be designated.
“Cannabis plant” - means any plant of the genus Cannabis.
“Cannabis resin” - means the separated resin whether crude or purified, obtained from the Cannabis plant
That said, what are the plant derivatives that can be used in cosmetic products?
According to COSING, the European Commission's database on cosmetic ingredients, the plant’s parts that can be used without restrictions are the fixed oil obtained by squeezing the seeds (Cannabis sativa seed oil) and the seed extract (Cannabis sativa seed extract), which have an emollient and conditioning action on the skin. The use of these parts is permitted because hemp seed does not contain THC (the psychotropic active substance) and has very low levels of CBD.
As for Cannabidiol or CBD (INCI: Cannabidiol) it is important to make a clarification. It is an active ingredient with excellent antiseborrheic, antioxidant, protective and conditioning properties on the skin, but its use is linked to some limitations.
CBD can be used without restrictions when it is obtained synthetically. The molecule thus obtained is chemically identical to the natural one, but free of all other side substances present, such as terpenes, alkaloids and other cannabinoids. There will be instead secondary solvents and other secondary metabolites. For synthetic CBD, normal regulations for all other cosmetics are valid: it must guarantee the protection of human health, must be subjected to an appropriate safety assessment and must not contain pharmacological or therapeutic indications.
Natural CBD, however, deriving from extracts, tinctures or resins from cannabis inflorescences, although it does not have a psychotropic action, is not allowed in cosmetic products. Annex II, item 306, of European Regulation no. 1223/2009 on cosmetic products reports: "Narcotics, natural and synthetic: all the substances listed in Tables I and II of the Single Convention on narcotic drugs signed in New York on March 30, 1961". Cannabis, cannabis resin, cannabis extracts and cannabis tinctures are listed in Table I of the Single Convention on Narcotic Drugs and therefore they are prohibited.
Natural CBD is authorized in cosmetics only when obtained from resin, extracts and tinctures of hemp derived from seeds and leaves, not accompanied by the flowering tops. The sense of this restriction lies in the fact that the highest concentrations of THC are contained in the flowering or fruit-bearing tops of the plant, and could also be transferred to the extract or CBD tincture. However, the majority of the CBD is contained in the flowering tops, therefore it is clear that the ingredient used in cosmetics will be mainly of synthetic origin.
Extracts, resins and tinctures obtained from other parts of the plant, as well as essential oil, are not allowed by the cosmetic regulation.
Finally, as regards THC, as a psychotropic substance it cannot never be contained in cosmetic ingredients, not even in traces.
In such a large and complex scenario, it is evident that these ingredients (and in particular CBD), although fascinating from the point of view of properties, still arise a series of perplexities from cosmetic companies and involve many doubts at the time of release the product on the market.
In fact, as already mentioned above, cannabidiol is now used in many products, and often a first obstacle is represented by the product’sclassification. Frequently they are the so-called "borderline product", that is an intermediate category between the cosmetic, pharmaceutical and food sectors, and it is therefore not easy to identify the correct reference legislation.
Another important aspect is that of the claim: the action claimed by the cosmetic product must comply with the requirements of Regulation 655/2013 and must not attribute to the finished product characteristics that it does not possess. Remember that it is the intended use to define in which legislation a specific product falls and the claim that the manufacturer chooses to attribute plays a very important role.
Finally, it’s important to note that the COSING, in describing the restrictions of the CBD, poses a note that gives rise to a series of questions: “Please note that national legislations on controlled substances may also apply"

It is therefore evident that national regulations, overlapping and joining the Convention, determine a lack of common harmonization. For the moment, most member states have declared themselves in favor of allowing the use of synthetic, THC-free, CBD, but there is still a small slice of the European Union that prohibits its use. On the American front too, the issue is still highly debated and the regulations are far from being standardized and harmonized.
In conclusion, it is clear that the scenario regarding the use of CBD in cosmetics is still in some ways rather uncertain and entails a not negligible risk for all companies that want to market these products.
It is desirable and necessary a regulatory intervention that allows to clarify the legislation framework and that allows companies to develop innovative products without taking excessive risks.
The Cepra laboratory carries out specific analyzes aimed at evaluating the content of CBD in the cosmetic, so as to guarantee the safety use of the product and compliance with the requirements imposed by law.
For more information contact us
 

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