CBD Use in Cosmetics: Requirements in Major Asia Pacific Countries

Terms:

• CBD (Cannabidiol): Along with THC, it is one of 113 identified cannabinoids in cannabis plants, accounting for up to 40% of the plant's extract. It is not psychoactive and causes few side effects;

• THC (tetrahydrocannabinol): It is the principal psychoactive constituent of cannabis and one of at least 113 total cannabinoids identified in the plant;

• Cannabis: It is a psychoactive drug from the cannabis plant.

Summary

Prohibited

1. Chinese Mainland

On May 28, 2021, National Medical Products Administration (NMPA) released and implemented the finalized Inventory of Prohibited Ingredients for Cosmetics and Inventory of Prohibited Plant (Animal) Ingredients for Cosmetics. Four CBD-related ingredients, including CBD, CANNABIS SATIVA FRUIT, CANNABIS SATIVA SEED OIL, and CANNABIS SATIVA LEAF EXTRACT, are in the inventories, marking the end of CBD products in China. From May 28, 2021, cosmetic registrants and notifiers are not allowed to produce or import products containing these ingredients.

2. Hongkong SAR, China

On October 26, 2022, the Hong Kong government submitted the amendments to the Dangerous Drugs Ordinance and Control of Chemicals Ordinance to the Legislative Council. According to the amendments, CBD is classified as a dangerous drug and therefore controlled under the Dangerous Drugs Ordinance. Starting from February 1, 2023, Hong Kong has banned the manufacture, supply, import, export, transshipment, sale and possession of CBD products (including CBD cosmetics and food). Specifically,

• any person who manufactures, supplies, or sells CBD products is liable to a maximum penalty of life imprisonment and a fine of HK$5 million;

• any person who possesses CBD products is liable to a maximum penalty of seven years' imprisonment and a fine of HK$1 million.

3. Indonesia

Indonesia views narcotics trafficking and drug abuse as a grave danger to the nation's security and cultural values, which has resulted in stringent drug laws. Consequently, all drugs and narcotics are banned in Indonesia, including CBD, which is classified as a Class 1 drug whether it contains trace amounts of THC or not. As CBD and related products are prohibited in Indonesia, their possession is punishable by imprisonment.

4. Malaysia

In Malaysia, the use of CBD in cosmetics is prohibited. Only CBD products intended for medical use are allowed, subject to compliance with relevant laws and regulations. Specifically, these products may only be manufactured, sold, supplied, imported, possessed and administered once they have been registered with the Drug Control Authority under the Ministry of Health. As with all controlled drugs, strict conditions must be met for the lawful import and use of CBD products for medical use in Malaysia.

5. Philippines

Philippines strictly prohibits the supply, sale, and use of cannabis and its derivatives, including hemp seed oil.

6. Singapore

Under the Misuse of Drugs Act, cannabis and its derivatives, including cannabis resin, CBD, and cannabinol derivatives, are classified as controlled substances. The use of these ingredients in cosmetics is strictly prohibited and subject to severe penalties.

Permitted

1. Taiwan, China

CBD was initially included in the draft list of prohibited cosmetic ingredients released for public consultation on December 3, 2020. However, it was later removed from the finalized list, meaning that it is currently still permitted for use in cosmetics.

2. Japan

CBD-infused cosmetics derived from hemp stalks and/or seeds, with no THC and no CBD from flowers or leaves, can be legally sold in Japan. However, any CBD cosmetics with even trace amounts of THC are illegal and may lead to criminal prosecution for companies and individuals importing these products.

3. South Korea

The use of CBD in cosmetics does not have a specific standard. In practice, the ingredient can be used if it can be demonstrated that the level of THC in the product is well-controlled.

For reference, the Food Code provides standards for THC and CBD levels, which are as follows:

• Cannabis Seed: THC 5mg/kg or less, CBD 10mg/kg or less;

• Cannabis Seed Oil: THC 10mg/kg or less, CBD 20mg/kg or less.

4. Thailand

Thai domestic manufacturers are permitted to produce cosmetics that contain the following four types of Thai cannabis and hemp ingredients, as long as the level of THC in the cosmetics does not exceed 0.2% by weight.

It is allowed to use terms such as "hemp seed," "cannabis sativa seed," "hemp," "cannabis," "CBD," etc., as part of the product name of cannabis and hemp-based cosmetics, provided that the ingredient in the product name corresponds to that in the product formula and will not cause any confusion.

However, it's important to note that under the current regulations, cannabis and hemp-containing cosmetics are considered high-risk products and can only be manufactured or subcontracted for manufacture in Thailand. The import of cosmetics containing cannabis and hemp ingredients is prohibited.

To register such products with the Thailand Food and Drug Administration (Thai FDA), applicants must indicate the amount of cannabis or hemp ingredient used, and provide necessary documents such as the certificate of analysis (COA) and a sample label for the authority's review.

5. India

In India, the use of CBD oil derived from cannabis leaves is legal as long as it contains no more than 0.3% THC. However, there are restrictions on how the product can be marketed and labeled. Specifically, it is prohibited to advertise the product as having psychoactive effects, and the label cannot feature images of the cannabis plant.

6. Australia

In Australia, the regulatory status of CBD cosmetics has undergone changes. Until February of 2021, CBD was classified as a therapeutic agent and therefore CBD cosmetics were available only by prescription. However, CBD skincare products can now be purchased without a prescription. Nonetheless, the regulatory hurdles for these products remain significant.

Australian law requires that CBD products contain less than 50 ppm of THC, undergo approval from the Therapeutic Goods Administration (TGA), and meet strict quality manufacturing standards. Additionally, therapeutic claims must be substantiated.

Uncertain

1. Vietnam

Cannabis is strictly prohibited in Vietnam and classified as a controlled substance under Schedule I of the Controlled Substances Act. This ban covers to all uses of cannabis, including medical and research purposes, unless authorized by the government. However, there is currently no clear distinction between cannabis and hemp in Vietnamese law, leaving the legality of CBD and its products uncertain.

Further Reading

• Hong Kong to Ban CBD Products in February 2023

• The End of CBD Products in China

• Thailand Updates the Cannabis and Hemp Regulations for Cosmetics

• Taiwan Releases a New List of Prohibited Ingredients in Cosmetics