In a recent blog post, the international law firm Harris Bricken picked up on a change made in January 2021 to the California Department of Public Health's FAQ document, originally posted in 2018, outlining the permitted uses of hemp and CBD.
See related: CBD in Cosmetics; A Practical Primer
The updated document suggests that CBD is now considered an adulterant in cosmetics and is therefore prohibited; but industry experts have been unable to confirm any truth to this allegation. The Harris Bricken blog also acknowledged the suspect nature of this update in its blog title, "Did California Quitely Ban CBD Cosmetics?" At the moment, the answer appears to be "no."
Debbie Waite, vice president of business administration for the regulatory firm Steinberg & Associates, shared her insights on the reported prohibition of CBD in cosmetics. "...We have received no official word that this is the case. There seems to be some interpreting going on, and [we're] not sure how this is all of a sudden hitting the media. California's FAQ was updated in January 2021. The Los Angeles County document is undated ... However, it does contain a date of 7/1/2019, which gives the appearance that the document is that old."
She added, "Given the January 2021 update by California, the LA document is very suspect. And, as the Harris Bricken blog states, California has no law that bans CBD." The Personal Care Products Council (PCPC) is pursuing clarity from California legislators.
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