Food and Cosmetic Rules for Cannabinoid Ingredients
What the FDA says about hemp seed foods, added THC or CBD in food, and cannabis ingredients in cosmetics, plus the EU novel food position on CBD. Not legal advice.
Content last updated . This page has not been medically reviewed.
Laws change; this is not legal advice
Foods and cosmetics are regulated differently from medicines and from each other. This page reports what the FDA and EU bodies said on the pages we read on 2026-10-22. For the overall CBD picture, see consumer CBD product rules; for how products are classified, see food vs medicine vs supplement.United States: food
Hemp seed ingredients. In December 2018 the FDA completed its evaluation of three notices about hulled hemp seed, hemp seed protein powder and hemp seed oil, and said these can be legally marketed in human foods for the uses described in the notices, provided they comply with all other requirements. [1] The FDA explains that the seeds do not naturally contain THC or CBD. [1] Product pages: hemp foods and hemp seed oil.Added THC or CBD. The FDA says it is prohibited to introduce into interstate commerce any food, including animal food or feed, to which THC or CBD has been added. [1] The hemp seed conclusions do not change that position. [1] Many gummies, drinks and chocolates with cannabinoids are therefore a federal marketing question separate from any state rule; see chocolates, baked products and beverages.
Copycat foods. FDA news releases list joint warnings with the Federal Trade Commission about copycat food products containing delta-8 THC, issued in 2023 and 2024. [1]
United States: cosmetics
- Cosmetics are not subject to FDA premarket approval, except for most color additives. [1]
- Certain cosmetic ingredients are prohibited or restricted by regulation, but currently that is not the case for any cannabis or cannabis-derived ingredients. [1]
- Even so, no ingredient, including a cannabis-derived one, can be used in a cosmetic if it causes the product to be adulterated or misbranded. [1]
- If a product is intended to affect the structure or function of the body, or to treat or prevent disease, it is a drug (or both a cosmetic and a drug), even if it also affects appearance. [1]
So the claim on a label matters as much as the ingredient. A "skincare" product making disease claims is treated differently from one that only cleanses or beautifies. Evidence for topical claims is on CBD creams, balms and lotions and cannabinoid cosmetic products.
The FDA page we read was current as of July 16, 2024. [1]
European Union: novel food
The European Commission considered that CBD can qualify as a food, and because it was not shown to be used for human consumption to a significant degree before 15 May 1997 it must be treated as a novel food. [2] In June 2022, EFSA's panel concluded that the safety of CBD as a novel food cannot currently be established. [2] It also said adverse effects tolerated in a medicine are not acceptable for a food. [2] We did not read the Commission's novel food catalogue or any EU cosmetics rule, so we make no statement about cosmetics in the EU or about the current status of applications.Other countries
Not verified on this page.Frequently asked questions
Is hemp seed oil legal to eat in the United States?
The FDA said, after reviewing notices in 2018, that hemp seed ingredients can be legally marketed in human foods for the uses described in those notices, if other requirements are met. [1]
Can a food company add CBD to a drink?
The FDA says adding THC or CBD to food that enters interstate commerce is prohibited (Q&A current as of July 16, 2024). [1]
Are CBD cosmetics approved by the FDA?
Cosmetics are generally not subject to FDA premarket approval, but they must not be adulterated or misbranded, and disease claims can make a product a drug. [1]
Why do labels talk about "hemp extract"?
The word does not change the rules above. The FDA treats products with cannabis-derived compounds like any other FDA-regulated product, whether or not the compound counts as hemp. [1]
References
- U.S. Food and Drug Administration. FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD). Questions and answers; page states content current as of 07/16/2024. Read 2026-10-22.
- EFSA Panel on Nutrition, Novel Foods and Food Allergens. Statement on safety of cannabidiol as a novel food: data gaps and uncertainties. EFSA Journal 2022 (PMID 35686177). Read 2026-10-22.