Hemp extracts (CBD) represent a major area of interest for the cosmetics industry and are authorized in Europe within a document called the CosIng catalogue. This catalogue lists all the substances authorised in cosmetics. Although not a legally binding document, it serves as a tool for Member States and for the industry; enabling the harmonization of product labelling across Europe.
Recently CosIng wanted to amend the listing in line with the UN Single Convention of 1961. Recently, hemp derived substances/extracts/ingredients have been added to Annex II of the DB which defines the prohibited substances in cosmetic products.
Ready to ban substances are:
1. Cannabis and Cannabis resin; Cannabis sativa, ext. (Substance)
2. CANNABIS SATIVA FLOWER EXTRACT
3. CANNABIS SATIVA FLOWER/LEAF/STEM/WATER EXTRACT
4. CANNABIDIOL, plant-derived
- Cannabidiol – derived from extract or tincture or resin of Cannabis
- Cannabidiol – Synthetically Produced
- Cannabis and Cannabis resin; Cannabis sativa, ext.
As a consequence, only CBD produced synthetically is now authorized for use in cosmetics across Europe. Natural extracts (leaves and flowers), according to the Catalogue are currently prohibited.
This prompted EIHA to write a position paper making CosIng aware of an inaccuracy in harmonisation with the Single Convention. EIHA’s proposal for the CosIng entry is as follows:
Pure Cannabidiol (CBD) as such, irrespective of its source, is not listed in the Schedules of the 1961 Single Convention on Narcotic Drugs. However, it shall be prohibited from use in cosmetic products if not manufactured in compliance with laws in a country of origin.
For clarification purposes EIHA request the following categories to be added as new INCI entries in the CosIng Catalogue
- CANNABIS SATIVA LEAF EXTRACT
- CANNABIS SATIVA LEAF/STEM EXTRACT
- CANNABIS SATIVA ROOT EXTRACT
Moreover, EIHA proposes in order to ensure that consumers can purchase a safe product at any time (Art. 3 of Regulation EC/1223/2009), to allow all Cannabis sativa extracts from industrial hemp as cosmetic ingredients, if the THC content in the cosmetic product does not exceed 20 ppm (20 µg THC/g).
EIHA asks a rephrasing of the CosIng Catalogue in order to correct the alignment exercise undertook by the Commission.