A new report on CBD labelling has shown different amounts from what is advertised on their label highlighting the need for US regulation.
The study on commercial CBD labelling, published in the journal, Epilepsy & Behaviour, reported that a variety of CBD products such as oils, beverages and edibles had higher than expected levels of THC.
The US study highlights the need for strong regulation around labelling on consumer products that would avoid confusion around dosing, especially where THC is concerned.
The authors of the study reported that the percentage of CBD in a lot of the products surveyed varied largely from what their label claimed. The CBD beverages were the product most likely to contain different percentages.
It was also discovered that some of the products contained larger amounts of THC than advertised. This could mean that consumers may be at risk of failing a drug test or experiencing drug interactions. The authors also highlighted that this may mean those using the products for conditions such as epilepsy may not get the correct CBD or THC levels needed to control seizures.
The results for the eleven oils revealed that 18.8 per cent made nonspecific label claims of ‘hemp extract’ in lieu of CBD. Researchers found that 36.6 per cent were appropriately labelled but another 36.4 were under labelled. THC was detected in 54.55 per cent of oils with a maximum concentration of 0.02 per cent.
However, when it came to water-based products such as drinks, the tests revealed inaccuracies. Researchers found that only 7.14 per cent of aqueous products with a label claim were appropriately labelled.
The authors wrote: “THC was detected in 23.81 per cent of aqueous products tested with a maximum THC concentration of 0.0005 per cent w/v, and a minimum concentration of 0.0002 per cent w/v. Cannabinol was detected in 9.52 per cent of aqueous products, both at a concentration of 0.0015 per cent w/v.”
They added: “We demonstrate that commercial CBD products, especially aqueous beverages, can show inconsistent labelling, vary largely from their label claims should they make them, and show lot-to-lot variability making dosing unpredictable.”
CBD labelling reports
Other studies on CBD labelling report inaccuracies leaving consumers confused about how much they are actually consuming.
A previous study on delta-8 tetrahydrocannabinol products discovered discrepancies. Delta-8 THC is legal in US federal law as long as products contain 0.3 per cent delta-9 THC or less. Delta-8 THC is one of the hundreds of cannabinoids found in the plant along with its relative, Delta 9-tetrahydrocannabinol. Both are psychoactive compounds but Delta-8 is thought to produce a milder high than THC.
The study by CBD Oracle Lab revealed that some Delta-8 products were 7700 per cent over the 0.3 per cent limit. As part of the study, researchers tested 51 different products at an independent lab.
It also examined the products for heavy metals, solvents, mycotoxins, pesticides and microbial contamination. The products tested included flower, edibles, prerolls, tinctures, concentrates, vape cartridges and vape pens purchased across different US states.
The results revealed that 76 per cent of the products contained delta-9 THC at greater than the limit. One product contained slightly more than 23 per cent delta-9. Vapes and concentrates were found to have higher levels than the pre-rolls or flowers. When it came to lab reports, the researchers found that two in 20 reports had been altered.
The authors wrote: “Overall, the lab investigation paints a picture of an industry with some reputable companies being dragged down by many who don’t deliver what is promised to consumers, often selling products that are indisputably illegal at the federal level and open consumers up to risks.
Customers can check lab results, but with little correspondence between lab results shown to customers and the results of testing on the actual product, this doesn’t really offer much assurance. Regulation is needed to fix the industry, but consumer diligence or even avoidance is strongly recommended until then.”
Delta-8 age restrictions
When it comes to the law, Delta-8 is in a bit of a grey area in comparison to THC. The Farm Bill from 2018 removed hemp from the list of controlled substances due to its low THC levels. Delta-8 is technically not mentioned by the bill which has caused a surge in products being released in the US market often with no age restrictions.
Another problem highlighted by the Oracle study was the issue of age verification. Only 14 per cent of the companies required age verification for the products purchased online.
It outlined some of the ways in which companies were verifying ages. One site required a signature on the delivery of the products and five used online certification platforms. Consumers would have to upload a photo of their driving license to purchase cannabis. The most common verification method was a pop-up option requesting a user’s age.
Restrictions and regulation changes
Speaking with Cannabis Wealth, Heidi Whitman, global strategy director, Avida Global confirmed that labelling is still an issue in the industry.
“Unfortunately mislabelling is still commonplace in the industry. Regulations were slow to develop leading to a “wild west” mentality where unscrupulous companies falsified and amended COA’s and therefore labels, to benefit from quick sales,” she said.
“Independent researchers along with the FDA, were alerted and warning letters sent, but it was and still is easy to create another brand to evade further collisions with the FDA. There is and continues to be a lack of standardisation, regulation, and enforcement for products online and in stores/dispensaries.
The rise of Delta-9 and Delta- 8 products alerted the authorities to the issue of further mislabelling, with a subsequent investigation and lab results concluding that the product label discrepancy was 8000 Delta-9 than what was labelled.
The whole industry suffers when the public cannot trust what they read on the label is honest and accurate.
As of 2022, there is more awareness for consumers to be alert, and a noticeable crackdown by the FDA to improve standards. However, from my recent discussions with USA based companies, the problem remains.”
She added: “I appreciate the moves made by the National Animal Supplement Council (NASC). The NASC audits each product which vies for their coveted gold seal for packaging. Regulation, standardisation, and enforcement can slowly weed out the non-compliant, short-term businesses that do not have the end consumer in mind, but rather their bank accounts.
As with any industry, there will always be average quality and premium quality products, but with Cannabis, due to the historical stigma and newly accepted rebirth of the industry, we desperately need some guidelines. Labelling of any product is meant to guide the consumers. There should be no cheating those looking to improve their health.”
