Oversight of cannabinoid-based cosmetics in the United States is a shared responsibility between the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC). Together, they regulate how these products are formulated, labeled, marketed, and sold to ensure consumer safety and prevent misleading claims. As interest in CBD, CBG, and other hemp-derived ingredients continues to grow, the two agencies have taken a closer look at how cannabis compounds are being used in creams, balms, serums, and lotions.
Under the Federal Food, Drug, and Cosmetic (FD&C) Act, cosmetics are defined as products intended to cleanse, beautify, promote attractiveness, or alter appearance. These items must not be adulterated or misbranded when entering interstate commerce, and they must meet detailed labeling requirements, including ingredient lists, net quantity, and responsible party information. The FDA draws a clear distinction between cosmetics and drugs: if a cannabinoid-based product claims to treat or prevent disease or affect the body’s structure or function, it is no longer considered a cosmetic—it becomes a drug. That distinction is crucial because unapproved drugs cannot legally be marketed without prior FDA review.
The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) significantly strengthened FDA oversight over all cosmetics, including those containing cannabinoids. It introduced mandatory facility registration, product listing, recordkeeping of adverse events, and substantiation of safety. Companies must ensure their products are safe for intended use and maintain documentation proving this. The FDA can also now enforce mandatory recalls when necessary. For cannabinoid cosmetics, MoCRA compliance is nonnegotiable, even as the agency continues evaluating broader cannabis regulation policies.
While FDA has not approved CBD as an ingredient in food or dietary supplements, it does not categorically prohibit its use in cosmetics. However, this position comes with increased scrutiny. The agency monitors the market for unsubstantiated claims and has issued warning letters to companies promoting CBD topicals as cures for pain, anxiety, or inflammation. Such claims move products into the realm of drugs, requiring formal approval—a standard few CBD companies meet. To stay compliant, brands must focus on general wellness or cosmetic benefits like moisturizing or soothing properties, avoiding any language suggesting medical treatment.
Meanwhile, the FTC regulates the advertising and promotional aspects of cannabinoid cosmetics. Its Health Products Compliance Guidance emphasizes that health-related claims must be truthful, non-misleading, and backed by reliable scientific evidence. The FTC has previously targeted CBD companies for deceptive advertising, including its “Operation CBDeceit” campaign, where firms were fined for claiming their products treated diseases without credible evidence. The same standard applies to topical products: if a CBD-infused lotion claims to relieve arthritis or eczema, it must have rigorous proof, or it risks enforcement action from both agencies.
Recent collaborative enforcement actions by the FDA and FTC against delta-8 THC and other cannabis-derived products show the agencies’ commitment to policing safety and honesty in the marketplace. Even when products are marketed as cosmetics, regulators look closely at the claims, safety data, and marketing practices behind them.
For both consumers and brands, the takeaway is clear: cannabinoid-based cosmetics must meet the same safety, labeling, and advertising standards as any other cosmetic. Companies should ensure proper MoCRA compliance, avoid unproven medical claims, and base any product benefits on credible evidence. Staying aligned with FDA and FTC guidance not only protects consumers—it also strengthens trust and credibility in an industry still defining its regulatory future.