Monitoring report · published · reflects the rules at that date

European Commission call for data on Cannabidiol (CBD)

Our monitoring reports record the changes to cosmetics rules in a given period, and we publish one each month. Each one is a dated publication: it reflects the rules on the date it was published and is not updated afterwards. For what applies today, read the latest briefings or ask us.

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Background

Cannabidiol (CBD) (CAS No. 13956-29-1, EC No. 689-176-3) with the chemical name ‘2-[(6R)-3-methyl-6-prop-1-en-2-ylcyclohex-2-en-1-yl]-5-pentylbenzene-1,3-diol’ is included in the European database for information on cosmetic substances and ingredients (CosIng) with the reported functions of ‘skin conditioning’, ‘skin protecting’, ‘antioxidant’, ‘anti-sebum’, etc.

Currently, CBD as such is not regulated under EU Cosmetics Regulation (EC) No 1223/2009. However, entry 306 of Annex II to the EU Cosmetics Regulation prohibits ‘Narcotics, natural and synthetic: All substances listed in Tables I and II of the Single Convention on narcotic drugs signed in New York on 30 March 1961’ for use in cosmetic products.

On 19 November 2020, the Court of Justice of the EU (CJEU) delivered a judgment in Case C-
663/185 concerning the legal status of cannabidiol. In the judgement, the CJEU concluded that
CBD at stake in the main proceedings, should not be considered as a drug under the UN Single
Convention on Narcotic Drugs of 1961.

What’s new?

On 1 June 2023, the European Commission launched a call for data on the safety of Cannabidiol (CBD) (CAS No. 13956-29-1, EC No. 689-176-3) in pure form, as well as an extract that may contain contaminants of other cannabinoids, including trans-Δ⁹-tetrahydrocannabinol (THC or delta-9-THC) (CAS No. 1972-08-3, EC No. 625-153-6), at trace levels.

Considering the very limited available information regarding the safety of CBD in cosmetic
products, the main objective of this call is to gather relevant scientific information to enable the Scientific Committee on Consumer Safety (SCCS) to perform a safety assessment.

Any interested parties, including academic and other research institutes, EU countries’ authorities, manufacturers of cosmetic products, producers of Cannabidiol (CBD) and consumers associations, are invited by the European Commission to submit any relevant scientific information.

Period of consultation: from 1 June 2023 to 30 September 2024 (15 months)

References:

European Commission – Call for data on ingredients used in cosmetic products

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