Hemp seed oil products occupy a unique space between cosmetics, food, and advertising law—making compliance a complex but critical part of business strategy. In the United States, multiple federal and state agencies oversee how hemp seed oil can be produced, labeled, and marketed.
At the federal level, the 2018 Farm Bill redefined hemp as Cannabis sativa L. containing no more than 0.3% delta-9 THC on a dry-weight basis. This removed compliant hemp from the Controlled Substances Act and allowed for regulated cultivation under USDA and state agriculture programs. For brands, this means that all hemp-derived ingredients used in manufacturing must come from licensed sources that can verify THC levels and ensure proper documentation throughout the supply chain.
When hemp seed oil is used as a food ingredient, it falls under the authority of the U.S. Food and Drug Administration (FDA). The agency has recognized three hemp-seed–derived ingredients—hulled hemp seed, hemp seed protein powder, and hemp seed oil—as Generally Recognized as Safe (GRAS) for specific uses. However, this applies strictly to non-psychoactive hemp seed derivatives and not to CBD or THC. Food products containing hemp seed oil must comply with standard food labeling, safety, and manufacturing rules.
For topical applications, hemp seed oil products categorized as cosmetics are now regulated under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). This law represents the most comprehensive update to U.S. cosmetic regulations in decades. Under MoCRA, manufacturers must register their facilities with the FDA, submit product listings, maintain safety documentation, and comply with adverse event reporting. Proper labeling, ingredient disclosure, and fragrance-allergen transparency are also required. These steps help ensure product safety and accountability across the supply chain.
Claims and marketing practices fall under both the FDA and the Federal Trade Commission (FTC). Any cosmetic or skincare product that makes therapeutic or drug-like claims—such as treating pain, inflammation, or specific skin conditions—risks being classified as an unapproved drug. For hemp seed oil products, brands should limit their claims to cosmetic benefits such as moisturizing, softening, or conditioning. Scientific substantiation and accurate labeling remain essential to avoid enforcement actions or consumer mistrust.
State-level rules introduce additional complexity. For instance, California’s Proposition 65 requires warnings for products containing certain chemicals, including delta-9 THC. While hemp seed oil itself typically contains negligible cannabinoids, brands operating in or selling to California should confirm testing data to ensure compliance. Many states also regulate hemp-derived ingredients differently, so understanding local requirements is vital for any multistate brand.
Ultimately, hemp seed oil regulation is about more than avoiding penalties—it’s about maintaining consumer confidence. Transparent labeling, verified sourcing, and compliant marketing practices distinguish responsible brands in a competitive and often misunderstood market. By adhering to both federal and state frameworks, hemp seed oil producers can demonstrate integrity, safety, and long-term sustainability in a rapidly evolving industry.