Born 2 Invest dives into what the submission means and the possible ramifications
The idea of classifying CBD as a toxic substance was born in June 2023, when France announced its intention to ban the use of CBD in cosmetics in Europe. The plan is to classify it as a CMR – a substance that is carcinogenic, mutagenic and toxic to reproduction. In practice, this would mean that products containing CBD could be banned from the cosmetics market in Europe altogether, and possibly in other sectors as well.
France argues that CBD may be “reprotoxic” – toxic to reproduction, which poses a risk to consumer safety. The proposal was officially submitted to the European Chemicals Agency (ECHA) and published on September 11th, 2024. If the CSSC (Scientific Committee on Consumer Safety) finds that CBD is indeed harmful, it could pave the way for a broad ban across the European Union.
Regulatory Process: What does the path to a potential ban look like
The process of banning is not straightforward and requires broad cooperation among European institutions. The European Commission has already launched a call for data collection in 2023 to prepare the CSSC to issue a decision on the safety of CBD. Also key to this assessment will be the examination of the presence of unintended traces of other cannabinoids, including THC , which may be found in CBD products.
The CSSC’s decision will be crucial—if CBD is found to be toxic to reproduction, its use in cosmetics will be prohibited, with possible exceptions after additional assessments. But this could be just the beginning of broader restrictions that could extend to other products containing CBD.
CBD in Cosmetics: Current regulations and future uncertainty
CBD is currently registered in the CosIng database, the European cosmetic ingredient database, as an ingredient with antioxidant, moisturizing, protective and sebum-reducing effects. However, there are no specific regulations in the cosmetic GDPR (Regulation 1223/2009), which means that CBD products are permitted but not fully regulated.
France’s proposal therefore poses a significant threat to the cosmetics industry – if CBD is banned, manufacturers will have to either completely change the composition of their products or withdraw them from the market. Such a move could also discourage other countries from taking similar steps, which would further complicate the market situation.
Potential consequences of the ban: Not just cosmetics in the crosshairs
If CBD is deemed a toxic substance, the impact will extend far beyond the cosmetics industry. Manufacturers of dietary supplements, oils, and other wellness products may also face challenges in complying with the new regulations. This means not only financial losses for companies, but also limited access to popular products for consumers.
A ban could also discourage further research into CBD and its potential medical benefits, stifling innovation in this rapidly growing sector. Further restrictions could even apply to medical products containing CBD if similar concerns arise in the future.
Industry and expert reactions: Concerns and opposition
France’s proposal has been met with strong opposition from the cosmetics, medical and cannabis industries. Experts emphasize that CBD is a well-researched ingredient that is safe in the right doses and with the right quality. The industry fears that regulatory decisions may be dictated more by political than scientific considerations, which puts the future of many companies in question.
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France Proposes to Classify CBD as a Toxic Substance at European Level
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Proposition of CLH classification for Cannabidiol
On 11 September 2024, the European Chemicals Agency (ECHA) published France’s intention to introduce a harmonised classification and labelling (CLH) for Cannabidiol, because of its potential reproductive toxicity.
