Here’s their report
The European Commission has responded to a request for clarification from CannaReporter® regarding the recent decision by Infarmed IP to withdraw from the market several cosmetic products containing cannabidiol (CBD) extracted from the hemp plant. The European Commission’s (EC) response brings new elements to the discussion that contradict the position of the Portuguese regulator. In this regard, the EC reiterates that the classification of CBD as a narcotic (whether synthetic or extracted from hemp) is not in line with the understanding of the Court of Justice of the European Union (CJEU) or with European Regulation. It was also clarified that a scientific evaluation is underway to define safety criteria for CBD and THC in cosmetics.
The recent Infarmed withdraws from the market cosmetics containing CBD derived from hemp may not be aligned with European Union legislation. In response to a request for clarification sent to the European Commission, the latter acknowledged that there is a lack of consensus among Member States and that, to date, the approach is not uniform. The clarification sent to CannaReporter® explains the Commission’s interpretation in simple terms, based on the “2020 Court of Justice ruling in Case C-663/181”, referring to the ‘Kanavape case’. In this court case, it was decided at the European level that CBD, whether synthetic or extracted from the whole plant, is not considered a narcotic. This is why the European Commission considers that CBD from industrial hemp, as well as synthetic CBD, “is not covered by entry 306 of Annex II to Regulation (EC) No 1223/2009 and, consequently, is not considered a prohibited substance in cosmetics”.
In practice, the ECJ’s decision on the Kanavape case is crucial, as it created case law and specifically determined that Member States, such as Portugal, cannot prohibit the marketing of CBD legally produced in another EU country. The Directorate General for Food and Veterinary Affairs, which oversees industrial hemp, admitted to CannaReporter® that CBD is their biggest headache. Although hemp producers claim to use the entire plant — and there are several countries where CBD extraction is permitted — in Portugal, the exploitation of hemp flowers and the extraction of CBD are prohibited, without there being a scientific justification based on the protection of public health.
The European Commission reiterates that any restrictions on the marketing of cosmetics containing CBD extracted from hemp must be duly justified and must not go beyond what is necessary to ensure consumer safety. The Commission also clarified that, as a result of the various divergences that have arisen around CBD derived from hemp (and specifically residual THC), it has asked the Scientific Committee on Consumer Safety (SCCS) to carry out a scientific assessment on the safety of CBD in cosmetics, including the definition of safe levels of THC in final products.
The EC further explained that there is no consensus among Member States on the regulation of CBD in cosmetic products and that, to date, there is no uniform approach. The Scientific Committee on Consumer Safety (SCCS) has already initiated a scientific assessment on the safety of CBD in cosmetics in June 2023. A public consultation was held until September 2024 to submit scientific data. Based on the information collected, the SCCS agreed in January 2025 to conduct a detailed study, the final opinion of which is expected within 15 months, in April 2026.
The EC’s clarification to CannaReporter® added that regulatory initiatives could be taken in the future to harmonise rules on CBD in cosmetics across the EU, depending on the SCCS’s findings.
