France wants to ban CBD cosmetics in Europe

According to information released by CosmeticOBS, France intends to ban the use of cannabidiol (CBD) in cosmetics in Europe.

But isn't CBD already legal in cosmetics?

CBD, in both its natural and synthetic forms, is included in CosIng, the European database of all cosmetic ingredients approved in Europe, for anti-sebum, antioxidant, moisturizing and skin-protecting uses.

But as if it were too simple, two regulations can go against its regulation.

Classification, labelling and packaging

The first is European regulation no. 1272/2008, known as CLP for Classification, Labeling and Packaging of Substances and Mixtures, which is implemented through harmonized classification and labeling (CLH). The CLP regulation has an impact on a number of European regulations, including cosmetics.

On June 7, 2023, the European Chemicals Agency (ECHA) will published the intention from France of CLH for CBD, for its potential toxicity for reproduction. This is the start of a process which, if completed, and as CosmeticOBS explains, would eventually lead to CBD being classified as a Carcinogenic, Mutagenic and Reprotoxic Substance (CMR) and therefore banned from cosmetic products in Europe.

The ECHA platform invites anyone with relevant information on the identity or hazard properties of a substance to provide this information.

A second regulation could also threaten the use of this ingredient in cosmetics.

European Cosmetics Regulation

CBD is not regulated by Cosmetic Regulation 1223/2009 on cosmetic substances and ingredients. As informed by CosmeticOBS, It is currently the subject of a consultation by the European Commission (EC), which in early June launched a call for data in preparation for the work of a Scientific Committee (CSSC) that will rule on the safety of CBD in cosmetics.

The call for data begins with the conclusions of the Kanavape judgment which, on the one hand, definitively rules that CBD cannot be considered a narcotic within the meaning of the UN Single Convention, and which, on the other hand, adds that legislation restricting the marketing of CBD could be appropriate to guarantee the achievement of the objective of protecting public health, provided that it does not go beyond what is necessary for this purpose. For clarification, the CBD has been added to CosIng after the Kanavape ruling, by virtue of its conclusions and at the request of the European Industrial Hemp Association (EIHA).

The call for data then cites an EFSA statement on the classification of CBD as a Novel Food in certain cases. On April 26, 2022, EFSA published a declaration summarizing the current state of knowledge on the safety of CBD consumption, and highlighting the areas in which data are required:

«the effect of CBD on the liver, gastrointestinal tract, endocrine system, nervous system and psychological functions needs to be clarified. Animal studies show significant reproductive toxicity, and the extent to which this occurs in humans in general and in women of childbearing age in particular needs to be assessed. Given the significant uncertainties and data gaps, the scientific panel concludes that the safety of CBD as a novel food cannot be established at this time.»

The link with cosmetics may seem tenuous, but the interested parties can submit their information to the EC for 15 months, until September 30, 2024.

We have contacted various French authorities, who generally deal with CLH declarations or sit on the European cosmetics working group, and are awaiting their replies.