Every year the trends in what people buy in the cosmetics market change, but few ingredients have received as much attention lately as cannabidiol (CBD). CBD comes from hemp and is prized for its soothing, antioxidant and skin-care properties. No wonder so many makers and brands like to add it to creams, balms, serums and even shampoos.
But in the EU, turning consumer demand into compliant products that can be sold is not so easy. CBD is not treated like an ordinary plant extract. It is at the intersection of cosmetics legislation, drug regulations and ongoing safety evaluations. That means any formulation needs thorough safety documentation and a clear understanding of regulatory requirements before it can be marketed. In this blog, we discuss everything you need to know: how CBD and hemp oil ingredients are legally classified, what the EU expects in terms of THC residue limits, the toxicological data needed for a Cosmetic Product Safety Report (CPSR), and practical tips for smooth compliance.
At a glance: is CBD allowed in cosmetics in the EU?
The legal status in simple terms
CBD itself is not listed as a banned substance in the EU cosmetics regulation. This means it may be used in cosmetics under certain circumstances. However, Annex II of the regulation explicitly prohibits cannabis extracts, resins and tinctures, which complicates the use of naturally derived CBD from the plant’s flower tops. The distinction between “CBD” and “cannabis extract” is at the heart of the compliance issue.
Synthetic versus plant CBD
Synthetic CBD is now the most legally safe option because it is not obtained from prohibited parts of the cannabis plant. This allows brands to bypass restrictions on plant extracts while achieving high purity and avoiding THC contamination. Plant-based CBD from seeds or leaves may be acceptable, but regulators will require clear documentation showing that the ingredient is not derived from prohibited parts of the plant.
Why provenance matters to brands
Ultimately, the source of CBD determines whether the product can be legally marketed. Synthetic CBD provides clarity, while plant CBD requires detailed verification. Brands must not only assess compliance at the EU level, but also national interpretations of drug laws, as each member state may impose stricter controls.
Legal classification and what counts as “CBD” for cosmetics
When we talk about CBD in cosmetics, we are actually talking about a family of related ingredients, each with its own regulatory profile. “Cannabidiol,” “Cannabidiol, synthetically produced,” “Cannabis Sativa seed oil” and “Cannabis Sativa extract” all have their own listing in the EU’s CosIng database. This distinction, which determines whether your product may be legally marketed or potentially subject to enforcement action, is not semantic. For example, “Cannabis Sativa extract” is prohibited under Annex II/306 because it is classified as cannabis resin and tinctures, while synthetic CBD is expressly permitted.
In its 2020 Kanavape ruling, the Court of Justice of the European Union (CJEU) added another level of interpretation, clarifying that CBD that is legally produced in one member state but has no psychoactive properties cannot be considered a narcotic in another. The ban on specific cannabis derivatives in the cosmetics regulation was not overruled by this case, even though it did support the free movement of CBD products. In reality, companies should adhere to the parameters of CosIng disclosures and provide convincing evidence of ingredient conformity, rather than relying solely on this ruling to support the use of banned extracts.
The rules may be interpreted differently by national authorities, which would further complicate matters. Germany, for example, has focused on setting acceptable thresholds for THC residues in hemp products, while France has traditionally taken a restrictive approach to cannabis-derived ingredients. This means that a product sold legally in one country may be subject to additional scrutiny or even banned entirely in another. This highlights for companies how important it is to conduct both national and EU-wide compliance assessments before marketing CBD cosmetics.
THC restrictions: “traces only” and how to prove it
The main risk factor regulators want to avoid in cosmetics is THC, the psychoactive ingredient in cannabis. Although the EU cosmetics regulation bans narcotics, it does not set a maximum THC concentration. Thus, companies must demonstrate that their products do not contain THC that is detectable above trace levels.
In practice, many regulatory agencies and testing laboratories use a working benchmark of 10 µg/g (10 ppm) THC in finished products as an acceptable detection limit. Although this number is not legally binding, it is often used in test reports and is considered a de facto industry standard. Adopting this standard gives brands an argument during inspections, especially if supported by solid laboratory data. It is super important to make sure your certificates of analysis (CoAs) unambiguously show that the THC content is below the laboratory’s quantification limit.
Vigilance throughout the supply chain is needed to prevent THC contamination. CBD isolates from plant material can contain residues of cannabinoids if purification procedures are not proper, and hemp seed oil, a common cosmetic ingredient, can contain traces of THC if not properly refined. THC levels can even be detected due to cross-contamination during processing. Therefore, brands should work with accredited laboratories that use sensitive techniques such as GC-MS or LC-MS, choose suppliers with proven analytical capabilities and require batch-level CoAs. The only way to be sure of meeting regulatory requirements is to proactively test and have clear acceptance criteria.
Toxicological documentation required for cosmetics containing CBD (CPSR)
Part A: Collecting data
Comprehensive data is the first step in the CPSR of a CBD product. This includes evidence that THC is completely absent or present only in trace amounts, as well as the complete identification, purity and cannabinoid profile of the CBD ingredient. Safety assessors also need data on residual solvents, heavy metals, pesticide residues and possible contaminants. Because CBD is susceptible to oxidation and degradation, stability tests are essential.
Part B: Hazard and exposure assessment
The SCCS is still assessing the toxicological profile of CBD, with a focus on systemic effects such as hepatic and reproductive toxicity. There is uncertainty about dermal products because most studies now available are based on oral exposure. Therefore, safety assessors must make conservative assumptions, using the lowest NOAEL from available data and calculating a margin of safety (MoS) with additional variables to account for data gaps.
Product Test Plan
To demonstrate product safety, CBD cosmetics must undergo extensive testing. This includes microbiological tests for water-based formulations, stability tests under various conditions and, if necessary, tests for the efficacy of preservatives. Packaging compatibility testing is also recommended, as CBD can spoil faster in unsuitable packaging. All of these studies support the findings of the safety evaluator in the CPSR.
Ingredients sources and documentation
The most important factor for compliance is the source of CBD. Because synthetic CBD does not have the complications associated with plant-based extracts, it provides the clearest regulatory pathway. It also allows companies to avoid THC contamination and achieve higher purity levels. But because it can be more expensive, many brands are looking at plant-based alternatives.
Only specific sources are acceptable for plant CBD. According to Appendix II, extracts from flower tops and resins are prohibited; however, CBD derived from seeds or leaves may be acceptable with proper documentation. Despite its widespread use, hemp seed oil contains very little CBD and may not be sold as a CBD ingredient. However, if it is refined and tested to remove THC, it can be used as a supporting oil in formulations.
To demonstrate compliance, documentation is essential. Brands should require their suppliers to provide batch certificates of origin (CoAs) with comprehensive cannabinoid profiles, pesticide and heavy metal analyses and declarations of origin. Since regulators will verify that the source matches CosIng statements, signed statements confirming which part of the plant was used are critical. Evidence of Good Manufacturing Practices (GMP), which adds credibility to the supply chain, can provide additional assurance.
Claims and labeling controls.
Complying with claims
The way CBD cosmetics are sold to customers is one of the most common mistakes. Many companies tend to highlight CBD’s purported medicinal benefits, such as its ability to reduce anxiety, pain and inflammation. However, these claims are considered medicinal and not cosmetic in the EU. Products that claim to cure or prevent diseases are expressly prohibited by the cosmetics regulation. Therefore, CBD may not be used in the marketing of a cosmetic product, even if scientific research indicates that it may have pharmacological properties. If it does, the product runs the risk of being reclassified as a drug, which could lead to enforcement action, product withdrawal or even fines.
Instead, companies should carefully place CBD cosmetics within the parameters of cosmetic claims. Claims that emphasize skin care, hydration, soothing effects or antioxidant activity are acceptable. A serum may be advertised as “provides antioxidant support against external stressors,” while a cream may be marketed as “helps balance and nourish the skin.” Whether in vitro studies, consumer tests or ingredient literature, these claims should always be supported by evidence. In this way, CBD can still be highlighted as a unique ingredient while complying with EU regulations and minimizing unnecessary legal risks.
Accuracy of INCI labeling.
Another important requirement for CBD cosmetics is accurate labeling. The official names to be used on ingredient lists are provided by the International Nomenclature of Cosmetic Ingredients (INCI), which ensures uniformity and openness for both consumers and regulators. Hemp seed oil, for example, should never be sold as “CBD oil,” but as oil from Cannabis sativa seeds. Similarly, pure cannabidiol should simply be called cannabidiol. The use of incorrect names during inspections not only confuses customers, but also indicates noncompliance and can lead to government enforcement action.
It is important to pay close attention to how CBD is highlighted on the packaging, in addition to the ingredient names. If a product contains only hemp seed oil and no CBD, it may be misleading to put “CBD” on the front of the label without mentioning the real ingredient in the INCI list. Such cases have already been thoroughly investigated by authorities in a number of member states, as consumers might think they are buying a product enriched with CBD when in reality it is not. In addition to reducing the risk of regulatory action, clear, transparent labeling increases consumer confidence and ensures that marketing remains honest.
CPNP notification and market access steps
PIF and CPSR requirements.
Before a CBD cosmetic product enters the EU market, there must be a complete Product Information File (PIF). This file is the key document for compliance and includes the Cosmetic Product Safety Report (CPSR), proof of THC content, results of stability tests and evidence for all claims about the product. The PIF should always be available to authorities at the registered address of the responsible person and should be updated when there is new safety or regulatory information. For CBD cosmetics, where regulations are still evolving and scientific research is ongoing, it is especially important to keep the PIF up-to-date.
The CPSR in the PIF should carefully document the toxicological profile of CBD, exposure calculations and a margin of safety for uncertainties. In addition, evidence of THC testing below trace thresholds should be included for each batch, along with certificates from accredited laboratories. This not only demonstrates compliance with legislation, but also demonstrates a focus on consumer safety, which can be critical in building trust in a category that still carries a stigma in parts of the EU.
What needs to be uploaded to CPNP?
Before the product can be sold anywhere in the EU after completion of the PIF, it must be notified through the Cosmetic Products Notification Portal (CPNP). Competent authorities in each member state use this centralized portal to monitor cosmetics being sold. Companies must submit product identities, complete ingredient lists with INCI names, label designs and additional safety documentation. In the case of CBD cosmetics, declarations of origin for the CBD ingredient and certificates proving compliance with the THC limit can also be attached.
As a safety and regulatory tool, CPNP gives authorities direct access to data for inspections or customer complaints. Incorrect or incomplete notifications can attract attention or delay market access. Brands should therefore ensure that all information is consistent with the PIF and that supporting documents are the same for all submissions. Extra caution is needed with CBD products to avoid inconsistencies between the registration of CBD in the official portal and its description in marketing materials.
National vigilance
Even after successful CPNP notification, compliance issues remain. Since each member state may still enforce its own drug laws, the acceptance of CBD cosmetics may vary within the EU. For example, some countries may have zero tolerance policies, while others allow traces of THC in accordance with industry standards. This can lead to additional customs checks, sporadic product testing or even brief bans on certain product categories.
Brands should keep a close eye on national and EU regulations to deal with this. Keeping in touch with regional distributors, legal advisors or industry associations can give them early notice of policy changes. Brands can also adapt quickly if a country tightens restrictions by building flexibility into their compliance strategies, such as by offering both synthetic CBD and hemp-derived product lines. To ensure seamless and continuous access to EU markets, vigilance and proactive communication with authorities are critical.
Practical checklist for CBD cosmetics compliance
- Check the legality and origin of ingredients under CosIng listings.
- Establish THC traceability requirements and conduct authorized laboratory testing.
- Establish a thorough CPSR with prudent security assumptions.
- Ensure that all claims are supported by data and are cosmetic in nature.
- Create a comprehensive PIF and send a CPNP notification.
- Keep an eye on updates to national regulations.
FAQ: CBD and hemp oil in cosmetics in the EU
V1. Is CBD currently “approved” for use in cosmetics in the EU?
Only specific sources are allowed, but CBD is not prohibited. The simplest option is synthetic CBD, while plant-derived CBD must come from approved plant parts.
V2. What is an acceptable THC content?
Although the EU has not set a specific limit, ≤10 ppm is often used as a reference point for trace amounts. Brands must demonstrate compliance with approved tests.
V3. From a legal standpoint, is it easier to use synthetic CBD?
Indeed. Although a full CPSR is still required, synthetic CBD ensures greater purity and avoids Annex II bans.
V4. Is it possible to market hemp seed oil as CBD?
No. Hemp seed oil may not be marketed as CBD oil and must be properly labeled. Misrepresentation may result in enforcement action.
V5. Do clinical studies support the claims about CBD?
Not always. Claims must be purely cosmetic and supported by reliable information, not always by clinical trials.
Conclusion & how YouWish can help
CBD cosmetics hold great promise, but getting them to market is not easy. Each stage requires careful consideration, from THC limits and ingredient classification to safety testing and labeling. Regulations can be daunting, especially given the differences between EU countries, but with the right information and resources, it is possible to produce exciting and compliant products.
At YouWish, we encourage your creativity by offering DIY bases, fragrance oils and cosmetic ingredients that make compounding safer and easier. When you have access to high-quality ingredients and clear instructions, you can focus on creating cosmetics with CBD that satisfy customers while meeting safety standards. Start creating products now that are uniquely caring and innovative by browsing our collection.
