Here's another installment in this blog series on Cannabis beverages, which are on fire! As an example, as reported in Cannabis Business Executive, just the other day, Curaleaf, a major hemp product manufacturer, announced that it signed an agreement with Southern Glazer's Wine & Spirits – the world's largest distributor of beverage alcohol. This blog entry provides a quick snapshot of cannabis beverage ingredients and labeling.
Although the most popular, THC and CBD are not the only cannabinoids the cannabis plant produces. Other cannabinoids are well-known for having potential therapeutic benefits, and cannabis consumers are also highly attuned to the different terpenes produced in cannabis that create different flavors and effects, such as bisabol, which some believe can be fruity and may provide anti-inflammatory and antioxidant benefits; linalol, which some believe can be floral and may provide sedation; and myrcene, which some believe can be fruity and may provide relaxation. Whether and how to include different cannabinoids and terpenes in beverages is going to be important in expanding cannabis product lines.
Likewise, transparency in labeling those ingredients may be necessary to ensure consumers are enjoying cannabis beverages safely and to the greatest effect. Moreover, so that consumers can understand the experience intended with a particular beverage, "claims" about the intended effect, e.g., stimulating, euphoric, relaxing, may be necessary.
Ingredients and labeling are a hot button issue for cannabis products. Those familiar with the FDA's discretionary enforcement of "claims" in hemp-derived CBD products know this is an area of particular interest for the FDA. State-specific regulation of ingredients in cannabis products is also getting a lot of attention right now. For example, the Pennsylvania Office of Medical Marijuana recently instituted a state-wide "vaporization product review" purportedly to assess the safety of terpenes, like those above, in vape products. Given that they occur naturally in cannabis, many in the industry believe terpenes should not be regulated in the same way, if at all, as other ingredients.
Lastly, on this topic, ingredients and labeling are the focal point of a growing number of products liability and consumer fraud class actions and mass actions, where plaintiffs are asserting physical or economic injuries because, they claim, ingredients did not perform as intended or were not consistent with the labeling. Cannabis beverage manufacturers, distributors and retailers need to particularly mindful of the possibility of such claims, which can deplete resources.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.
