Moves for CBD: Hawaiʻi proposes regulation as labeling improves

10 Jul 2020 --- Regulation around cannabidiol (CBD) continues to have major gaps, with Hawaiʻi being the latest US state attempting to fill this legislative oversight. Following similar moves by Virginia and Texas, the archipelago has made its own proposals for state regulations with regards to consumable hemp and CBD products. However, industry is making progress, with a market report from LeafReport and Canalysis Laboratories revealing that the quality and accuracy of labeling for CBD products have notably improved.

“While it is good that more states realize the public health risk of completely unregulated products in the marketplace, this is creating the regulatory nightmare and patchwork approach that is the worst of all worlds. This is a federal regulatory issue, FDA needs to do its job, and they need to do it now. Further delay by FDA is not good for public health or for the CBD industry, because the best approach is one uniform national standard based on sound science that is enforceable,” comments Kyle Turk, Natural Products Association (NPA) Director for Government Affairs.

The NPA has now submitted official comments on the Hawaiʻi proposal. In May, the association also supported Texas, which proposed regulation that would create rules around manufacturing, distribution, testing, labeling and registration. Meanwhile, a Virginia law regulates CBD as a food product. Currently, all CBD products in the US are considered illegal by the federal government, with the exception of Epidiolex.

This latest bill, HB 2102, introduced in the Hawaiʻi State Legislature, would: 

• Establish a hemp processor registry for hemp-derived products that consists of labeling and independent laboratory testing to ensure products do not contain contaminants unfit for human consumption.
• Prohibit hemp processors, distributors, and retailers from making unwarranted health claims of their hemp-derived products.
• Prohibit the sale or furnish of any hemp product to a person under twenty-one years of age.
• Prohibit the sale, hold, offer or distribution for sale of any hemp-derived products designed to be appealing to children.
• Require these products to be properly labeled to be legally allowed for sale in the state.
• Require certain warning statements to be placed on the packaging of hemp-derived products.
• Appropriate funds into the Hawaiʻi hemp processing revolving fund.

The CBD industry has come a long way in improving the quality and accuracy of its products.Labeling accuracy gradually improves
Israel-based LeafReport – which says its mission is bringing transparency to the CBD industry – collaborated with Canalysis Laboratories to test dozens of products, most of which were CBD oil tinctures, but some of which were edibles, topicals and pet products. Of the 37 products tested, nearly three-quarters had CBD levels within 10 percent of the claimed amount. LeafReport states that the tests suggest that the CBD industry has come a long way in improving the quality and accuracy of its products.

However, there is still cause for concern, with 13 percent of the products having CBD levels that were more than 40 percent higher or lower than what the labels claimed. Additionally, 84 percent of the products contained more CBD than advertised. Notably, one product contained 6 percent of the CBD stated on the label. 

“We urge anyone interested in buying CBD oil or other CBD products to only purchase from brands that provide independent third-party lab test results (the same tests that we used for our investigation). These results should clearly list the CBD amount so you can confirm that the product contains exactly what is written on the label,” says LeafReport.

In September, a UK report revealed that almost half of CBD products currently available in the country contain the psychoactive compounds cannabinol (CBN) or tetrahydrocannabinol (THC). However, technology such as ESHA Researcher’s THC and CBD tracking can help overcome challenges in this space. 

Accurate labeling is crucial as the CBD market rapidly grows, with Innova Market Insights reporting that there are five times more F&B launches tracked with “CBD” in the ingredient list when comparing global 2019 launches with 2018 launches – albeit this is growth from a small base.

A 2019 consumer survey from the market researcher also revealed that 40 percent of global consumers are at least somewhat familiar with cannabis or CBD, rising to 54 percent of US consumers. Only 16 percent of global and 7 percent of US consumers had never heard of cannabis or CBD. 

Edited by Katherine Durrell