Are cannabis companies intentionally misleading consumers with vague and inconsistent labeling practices?

For many consumers it can be daunting searching through the wide array of cannabis products not knowing exactly what it is that they are looking for. The product labels themselves often don’t do enough in alleviating the confusion. Labeling of cannabinoid products can vary widely from company to company and state to state with very little consistency within the industry in regards to the best labeling practices for cannabinoid products. 

Recent articles published in the Cannabis and Cannabinoid Research Journal highlight a number of these inconsistencies as well as some of the obstacles that the Food and Drug Administration (FDA) faces in standardizing product labeling. Among the concerns in labeling practices are cannabinoid potency reportings, nutritional labeling and product health claims. 

Food, Supplement or Drug?

One of the central hurdles facing consistent product labeling across the industry stems from the current state of FDA regulations. As Corroon et. al. point out, the FDA has different labeling requirements for food products than for nutritional supplements or drug products.¹ The different labeling requirements can cause confusion in a new industry with some companies not only unsure of the differences between labeling requirements but also uncertain about which requirements to follow. 

An example of the confusion is found in the fact that food products require a nutrition label on them however drug products do not. This leads some manufacturers uncertain as to the need for a nutrition label on some of their own products such as tinctures and gel caps. While certain products such as cookies or gummies obviously fall into the food category, these other products such as tinctures are taken orally however are not actually considered food products and instead are viewed as supplements. 

This all becomes further convoluted when considering that the FDA has approved cannabidiol (CBD) as a drug and not a food supplement.¹ Typically drug ingredients aren’t allowed to be incorporated into food products providing yet another grey area within FDA regulations. 

Active Ingredients and Cannabinoid Reporting

The questions regarding nutritional labels on cannabis products are perhaps quite inconsequential when compared to the questions regarding cannabinoid reporting for cannabis products. While CBD and tetrahydrocannabinol (THC) are the most commonly discussed cannabinoids in the industry, they are far from being the only ones. 

Not only do CBD and THC both have their acidic forms of CBDA and THCA but there are a variety of other cannabinoids such as cannabigerol (CBG,) cannabichromene (CBC) their acidic forms CBGA and CBCA along with dozens of other cannabinoids that can all play a role in the therapeutic qualities of different cannabis products. 

The problem however is that the listing requirements for cannabinoids vary greatly from one cannabinoid type to the other as well as from state to state.² Many states only require the amounts of CBD, THC and their acidic forms to be listed leaving the listing of other cannabinoids up to the discretion of the product manufacturers.² This also leaves consumers uncertain if CBD or THC are the only cannabinoids in the product or the only cannabinoids on the label. 

The Truth’s, Lies, and Exaggerations of Health Claims

While the complications associated with what should or shouldn’t belong on the label might cause consumers some anxiety, it can often be the claims on the labels that ease consumers anxiety that actually generate the most problems. 

Many companies include health claims about the products that have not been fully verified by science which can misinform and mislead consumers. This practice has led to the FDA issuing cease and desist letters to over 40 companies in the CBD industry since 2015.¹ 

While it is generally not the intention of the companies using these health claims to misinform or lie about the therapeutic benefits of cannabis products, companies may often use anecdotal evidence or even limited scientific data as a basis for health claims. The problem with this is that the FDA requires extensive premarket approval for making any types of health claims, and these claims must then be validated by the FDA in order for a company to use the claims in advertisements or product labeling.¹ 

Currently the only approved cannabinoid drug claims allowed by the FDA are in regards to the synthetic CBD drug Epidiolex^TM which has been approved for use as an anti epilepsy medication.¹ Hemp derived products however are not allowed to use the same health claims that have been approved for Epidiolex^TM emphasising the importance that the FDA places on validating health claims with sufficient data.

An overlooked problem associated with unsubstantiated health claims being made is that can lull the consumer into a false sense of comfort with the effects of a product despite the lack of evidence to quantify and support the claims.¹ This can lead to a consumer feeling that their therapeutic needs are being thoroughly met when in fact there may be more that could or should be getting done. 

So What Should You be Looking for in a Label? 

As the cannabis industry is still young and developing and considering that the industry is facing different regulations not only from state to state but also from cannabinoid to cannabinoid in the case of THC and CBD, there is still enough room for inconsistencies in labeling practices from product to product and company to company. 

There are some basic things that should be found in some form on nearly all product labels. The amount of THC and/or CBD should be disclosed on the product label.² Any information regarding other cannabinoids or terpenes is a plus but hard to expect industry wide. There should also be company contact information as well as batch information that the company is able to use to track product manufacturing information.² This batch information should include made by and use by dates. 

Health disclaimers regarding children and pregnant women, as well as the general FDA evaluation disclaimer should also be found on nearly every product label.² As should the product packaging size and usage instructions.

Final Verdict, Are CBD Companies Misleading Customers for Profits, Or Are They Simply Doing Their Best In a New Industry?

Let’s be honest, this one is definitely a bit of both. Unfortunately there will always be those that are looking to exploit an opportunity to make a quick buck. Fortunately for us however while the industry is still young, it is growing rapidly and as it does it pushes the opportunists out of the way in favor of the bastions of the industry who work as cannabis activists and ambassadors to advance the state of this young therapeutic industry.  

References:

1. Jamie Corroon, Douglas MacKay, and William Dolphin.Cannabis and Cannabinoid Research.Dec 2020.274-278.http://doi.org/10.1089/can.2019.0101

2. Daniel J. Kruger, Natalie J. Korach, and Jessica S. Kruger.Cannabis and Cannabinoid Research.ahead of printhttp://doi.org/10.1089/can.2020.0079