Hemp seed oil hair products fall under the same legal framework as cosmetics in the United States, yet they must also navigate a unique set of hemp-specific standards. From ingredient sourcing to labeling, manufacturers face a complex web of federal and state regulations designed to protect consumers and ensure product transparency.
1. FDA Oversight and MoCRA Requirements
Under the Modernization of Cosmetics Regulation Act (MoCRA) of 2022, the FDA now holds expanded authority over cosmetic products, including those containing hemp seed oil. Manufacturers, packers, and distributors must register their facilities, list their cosmetic products with the FDA, and maintain detailed records supporting product safety. They are also required to document and report any serious adverse events related to their products. While the FDA’s new Good Manufacturing Practice (GMP) regulations are still being finalized, companies are expected to follow established industry standards to ensure cleanliness, safety, and consistency in production.
2. Labeling Standards Under Federal Law
Hemp seed oil hair products must comply with 21 CFR Part 701, which governs cosmetic labeling. Each label must include the product identity, net contents, company name and address, and an ingredient list using the International Nomenclature of Cosmetic Ingredients (INCI) system. For example, hemp seed oil must appear as Cannabis Sativa Seed Oil. Labels must also be clear, accurate, and not misleading in any way, as improper labeling can result in enforcement actions or product recalls.
3. Marketing Claims and FTC Oversight
All claims made on packaging or in advertising fall under the jurisdiction of the Federal Trade Commission (FTC). Any promises—such as “repairs split ends,” “improves scalp health,” or “stimulates hair growth”—must be supported by reliable evidence. If a product suggests therapeutic or medical effects, such as “treats dandruff” or “reduces inflammation,” it may be classified as a drug, requiring FDA approval. The same caution applies to sustainability or “clean beauty” claims, which must also be truthful and verifiable.
4. Hemp-Specific Legal Boundaries
The 2018 Farm Bill legalized hemp and its derivatives as long as they contain no more than 0.3% delta-9 THC by dry weight. Hemp seed oil, which contains minimal to no cannabinoids, fits comfortably within this definition. However, products containing CBD or other cannabinoids occupy a gray regulatory area. The FDA has not approved CBD for use in cosmetics, meaning brands must avoid therapeutic claims and ensure hemp sources meet federal definitions.
5. California Proposition 65 and Testing Obligations
For brands selling in California, Proposition 65 presents an additional consideration. THC is listed as a chemical known to cause reproductive harm, so any product containing detectable THC above safe levels must carry a warning label. Most refined hemp seed oils are THC-free, but companies should verify this through lab testing and Certificates of Analysis to remain compliant.
6. Global Regulations and Export Considerations
For brands looking to expand internationally, compliance becomes even more intricate. In the European Union, Regulation (EC) No 1223/2009 governs cosmetics, requiring safety assessments, product notifications, and a designated responsible person. Hemp seed oil is allowed in EU cosmetics, but products containing cannabinoids remain prohibited.
Why It Matters
Regulatory compliance ensures consumer safety and builds brand credibility. Following federal and international standards helps companies avoid costly recalls, penalties, and reputational damage while signaling transparency and trust to consumers. In a rapidly evolving market, staying compliant is not just a legal necessity—it’s a competitive advantage.