CDPH Issues Notice Regarding Illegal Hemp Products
By Lauren Mendelsohn
April 27, 2024
On Friday, April 26, 2024 the California Department of Public Health (“CDPH”) issued a notice concerning illegal hemp products. The notice was sent via email to all CDPH-registered hemp manufacturers, to everyone on the Industrial Hemp Enrollment and Oversight (“IHEO”) email list, and on CDPH’s website.
The notice states that manufacturers and distributors of products containing industrial hemp or industrial hemp derivatives must comply with the Sherman Food, Drug, and Cosmetic Laws (the “Sherman Act”), and must register with the CDPH’s Food and Drug Branch (“FDB”) and obtain the appropriate IHEO authorization(s). Violation of these laws can result in criminal penalties including fines and/or imprisonment; administrative disciplinary action such as fines and FDB license suspension and/or revocation; and regulatory consequences including embargoes, product destruction, and civil penalties.
The notice also stated that FDB licensees are responsible for ensuring that hemp products they sell are lawful. CDPH states that this can be done by doing the following:
- Checking the list of FDB licensees (Authorized Industrial Hemp Firms).
- The list that was linked to in the letter, and which is currently posted on the IHEO webpage, which says it is current as of April 3, 2024 is surprisingly short and only contains a few registrants from outside of California.
- Checking whether the label information and product packaging complies with Health and Safety Code Section 111926.2, which requires all of the following:
- (1) A label, scannable barcode, internet website, or quick response (QR) code linked to the certificate of analysis of the final form product batch by an independent testing laboratory that provides all of the following information:(A) The product name.(B) The name of the product’s manufacturer, packer, or distributor, and their address and telephone number.(C) The batch number, which matches the batch number on the product.
(D) The concentration of cannabinoids present in the product batch, including, at minimum, total THC and any marketed cannabinoids or ingredient, as required by the department in regulation.
(E) The levels within the product batch of contaminants, as required in subdivision (c) of Section 111925.2.
(2) The product expiration or best by date, if applicable.
(3) A statement indicating that children or those who are pregnant or breastfeeding should avoid using the product prior to consulting with a health care professional about its safety.
(4) A statement that products containing cannabinoids should be kept out of reach of children.
(5) The following statement, “THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY OR EFFICACY.”
- (1) A label, scannable barcode, internet website, or quick response (QR) code linked to the certificate of analysis of the final form product batch by an independent testing laboratory that provides all of the following information:(A) The product name.(B) The name of the product’s manufacturer, packer, or distributor, and their address and telephone number.(C) The batch number, which matches the batch number on the product.
- Ensuring that the product does not contain THC isolate, or contain chemically synthesized cannabinoids such as Delta-8 THC, Delta-10 THC, THC-O and HHC.
- Inclusion of THC isolate would violate the Sherman Act (see Health and Safety Code Section 111920(g)(1)). Inclusion of “chemically synthesized cannabinoids” is restricted since the definition of “industrial hemp” in the Sherman Act specifically excludes “cannabinoids produced through chemical synthesis” (see Health and Safety Code Section 111920(f)) and since chemically synthesized cannabinoids are illegal under Federal law.
Additionally, the notice provided a reminder that manufactured hemp products must not be attractive to children, and that manufacturers and distributors of hemp products must comply with applicable advertising and marketing laws.
You can read the notice online here. We’ve also included a copy of it below.
This is a developing story; stay tuned for updates.
This information is intended as a public educational service and is not intended, nor should be construed, as legal advice. For specific questions regarding hemp products in California, including how to obtain IHEO authorization and comply with the Sherman Act and other applicable laws and regulations, contact the Law Offices of Omar Figueroa at 707-829-0215 or info@omarfigueroa.com to schedule a confidential legal consultation.