ARTICLE
25 April 2025

Draft Regulation On The Use Of Cannabidiol (CBD) In Food Products

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The Colombian government, through the Ministry of Health and Social Protection, has introduced a draft decree aimed at regulating the use of Cannabidiol...
United States Food, Drugs, Healthcare, Life Sciences

Draft Regulation on the Use of Cannabidiol (CBD) in Food Products

 

The Colombian government, through the Ministry of Health and Social Protection, has introduced a draft decree aimed at regulating the use of Cannabidiol (CBD) in food products intended for human consumption. 

This draft underwent a public consultation phase in October 2024 and is currently under review by the Ministry's Legal Department to determine the necessity of an international public consultation.

The structure of the Decree is the following:

🧾 OBJECT AND SCOPE

  • The Decree establishes sanitary requirements for food products containing Cannabidiol (CBD) intended for human consumption.
  • It applies to all natural or legal persons involved in any stage of the food supply chain (manufacturing, distribution, export, etc.), as well as to the health inspection and oversight authorities.

🚫 KEY PROHIBITIONS

  • The use of CBD is prohibited in the following:
    • Food products containing caffeine.
    • Foods for special medical purposes (FSMPs).
    • Energy drinks.
    • Alcoholic beverages.
    • Products appealing to minors.
  • Advertising may not include claims about nutritional or health benefits.
  • Synthetic cannabinoids are strictly prohibited as ingredients.
  • Sales to minorspregnant or  breastfeeding women are not permitted.

🧪 COMPOSITION AND QUALITY REQUIREMENTS

  • CBD origin: Must be from non-psychoactive sources with <1% THC.
  • Concentration limit: Max 1 mg of CBD per 100g/ml of food or beverage.
  • Good Manufacturing Practices (GMP): Required, including traceabilitybatch testing, and full compliance with GMP standards.
  • Residues and microbiological criteria: Must comply with current technical regulations.

📦 PACKAGING AND LABELLING

  • Labelling must comply with existing regulations, including:
    • No use of images of people, children, or humanized figures of animals, plants, or objects.
    • Declaration of CBD and THC content, or inclusion of a QR code linking to a downloadable certificate of analysis.
  • Mandatory warning statements:

1.       Contains CBD; do not consume with alcoholic beverages.

2.        Prohibited for minors.

3.       Prohibited for pregnant or breastfeeding women.

4.       Not recommended for immunocompromised individuals.

5.       Do not consume if taking medication; consult your physician.

📢 ADVERTISING 🔥

✅ Permitted:

  • Images of authorized parts of the plant may be used.
  • All advertising must:
    • Include the mandatory warnings, presented clearly, legibly, visibly, and, if applicable, audibly.
    • Display warnings in a horizontal format.
    • Be aligned with public health and safety objectives.

❌ Prohibited:

  1. Use of misleading language or imagery regarding the product's nature, origin, composition, or quality.
  2. Claims of medicinal, preventive, curative, therapeutic, or nutritional properties.
  3. Offensive content or content that undermines cultural valuesracesex religion, or human dignity.
  4. Use of images or illustrations of childrenadolescents, or humanized figures.
  5. Suggesting that consumption leads to success (e.g., academic, professional, athletic) or special abilities.

⚠️ Liability:

  • All natural or legal persons engaged in advertising will be held liable for compliance with these provisions.

🛃 REGISTRATION, EXPORT, SURVEILLANCE AND SANCTIONS

  • Sanitary registration is mandatory.
  • Inspection and control duties rest with INVIMA and territorial health authorities.
  • technical opinion is required prior to market entry.
  • Laboratory testing is required to verify compliance.

📅 ENTRY INTO FORCE

  • The resolution will enter into force three (3) months after its publication.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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