Did California Ban CBD in Skincare and Makeup?

6/18/2021 Why Did California Quietly Ban CBD Cosmetics?
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CBD COSMETICS BANNED IN CALIFORNIA
Why Did California Quietly Ban CBD
Cosmetics?
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If CBD is the future for so many health brands, why did California ban CBD in skin products and
makeup?
Posted by:

DanaSmith, today at 12:00am
Why Did California Quietly Ban CBD Cosmetics?
Cannabidiol (CBD) in cosmetics (https://cannabis.net/blog/sexy/high-luxury-neiman-marcus-just-debuted-cannabis-
cosmetics) has been making a buzz over the last few years. Though CBD is widely consumed in food and drink, using it
in skin products including cosmetics has substantial benefits (https://cannabis.net/blog/opinion/the-benefits-of-hemp-
for-your-hair-and-skin) especially in fighting inflammation and common skin problems.
As a result, customers are demanding more CBD cosmetics and brands have responded. In fact, the CBD cosmetics
market is expected to grow as much as $3 billion
(https://www.businesswire.com/news/home/20201013006065/en/CBD-Infused-Cosmetics-Market-Product-Portfolio-
Expansion-to-Boost-the-Market-Growth-Technavio) from 2020-2024. However, the state of California isn’t a big fan of

this market. Back in 2018, the California Department of Health (CDPH) released an FAQ saying that hemp-derived CBD
can’t be added to any consumable product whether it’s dietary supplements, food, or beverages. Its stance towards
cosmetics was vague as best, but the state still has authority over the cosmetics industry according to Sherman’s Law
(https://www.smchealth.org/sites/main/files/file-attachments/fdb_sher_law.pdf?1519855321).
By January 2021, the CDPH quietly released a new FAQ stating that CBD is considered an adulterant both in cosmetics
and food. The new FAQ read: “California’s Sherman Food and Drug Law provides that any food (which includes beverages
and pet food) is adulterated if it is, bears, or contains any food additive that is unapproved, and that a cosmetic (which
includes lotion and salves) is adulterated if it bears or contains any poisonous or deleterious substance that may render it
injurious to users under the conditions of use prescribed in the labeling or advertisement of the cosmetic, or under conditions
of use as are customary or usual.
Hulled hemp seed, hemp seed protein, and hemp seed oil are the only components of hemp that are GRAS and allowed in
food. CBD derived from hemp or any other source is currently not allowed in any of the items regulated by the Food and Drug
Branch of the California Department of Public Health, including foods, drugs, and cosmetics.”
Soon after, other agencies including the Los Angeles County Department of Public Health published their own
statements (http://www.publichealth.lacounty.gov/eh/docs/industrialHempDerivedProducts.pdf) which made it clear
they were supporting the CDPH’s position on the matter.
What the CDPH actually did was forego the standard process and went on to ban hemp-derived consumable items. And
their new law makes it even stricter than that of the FDA when it comes to CBD cosmetics.

Why California?
California alone is home to the biggest legal cannabis market (https://www.latimes.com/california/story/2019-08-
14/californias-biggest-legal-marijuana-market) in the world, yet their stance towards hemp is so backwards.
It was back in 2018 when the Farm Bill was passed, which should have enabled the growth of numerous hemp-based
CBD companies most especially in California. But there seems to be major obstacles stopping them from growing and
it’s mostly because of the California Department of Public Health, still. They want to enforce their belief that allowing
CBD in retail sales as a food additive or dietary supplement is against the law. Of course, those in the hemp industry
think this is the wrong move but without any further corrections from the CDPH, the damage continues to go on.
Because of the CDPH, sales of CBD infused products in California have been extremely low and in some cases, local
enforcement has gone after some hemp manufacturers and retailers.

The pandemic is causing serious economic problems, and it’s up to mature markets like California to help push the rest
of the industry and the country out of its sorry state. Local governments need fresh sources of income for budgets, and
millions of Californians are still out of work.
The solution? The hemp industry, which has everything we could possibly need to boost the economy. But it can’t be
made possible without regulatory clarity. What the CDPH did only continues to make consumers confused while stalling
opportunities of growth in the hemp industry all throughout. Other states like Florida, Texas, and Ohio have already
passed laws that clearly allow the retail sales of hemp-derived CBD.
Here’s what the CDPH really needs to understand: First of all, a regulated hemp market is a completely new industry
which means it will take years, maybe even decades to build. The hemp industry has already gotten one foot in the
door, clearly with the demand for CBD cosmetics and many other hemp-based CBD consumables. While other
industries will struggle with the pandemic getting their business rhythm back in place, the hemp industry already has
the capacity to provide new jobs in a wide array of specialties including retail, cultivation, manufacturing, testing, and
distribution among others.
The Value of the CBD Cosmetics Market
California is completely missing out on the potential profits from the CBD-infused cosmetics industry. This market is
forecast to reach as much as $1.7 billion by 2025, based on a report by Million Insights
(https://www.millioninsights.com/industry-reports/global-cbd-skin-care-market?
utm_source=prnewswire&utm_medium=referral&utm_campaign=prn_19Jan2021_CBDskincare_rd2). They add that they
see a 32.9% CAGR from 2019 to 2025, and they attribute the massive growth to the growing awareness surrounding the
benefits of CBD on the skin.
They point to the European Union, where 2018 saw a 62% market share because of its high fatty acid content, helping
alleviate damaged and dull skin. They find that there is already a large demand in North America, and in 2018 this
market made up 40% of the market share.

Sephora (https://www.sephora.com/beauty/cbd-skincare) has already launched a devoted webpage on their site for
CBD cosmetics, as well as a devoted area to it in their shops. A great deal of the key players in cosmetics, including
L’Oreal, Estee Lauder, and Unilever are soon going to launch CBD products. All these and more are going to boost the
market, and California is not going to be able to reap the benefits until the CDPH wakes up.
CBD SKIN LOTIONS AND CREAMS, READ THESE...
(https://cannabis.net/blog/how-to/how-to-use-cbd-cream-as-part-of-
your-daily-skin-regimen)
CBD FOR SKIN CARE REGIME AND DAILY USAGE, READ OUR TIPS! (https://cannabis.net/blog/how-to/how-to-use-cbd-
cream-as-part-of-your-daily-skin-regimen)
OR..

(https://cannabis.net/blog/medical/everything-you-need-to-know-
about-cbd-and-skincare)
CBD FOR SKINCARE AND MEN'S AFTER SHAVE, WHAT YOU NEED TO KNOW!
(https://cannabis.net/blog/medical/everything-you-need-to-know-about-cbd-and-skincare)
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