Portugal's CBD Cosmetic Ban
The National Authority for Medicines and Health Products I.P. (Infarmed), a government agency in Portugal, has ordered the immediate withdrawal of various cosmetic products containing cannabidiol (CBD). This decision has been made on the grounds that these products do not comply with European legislation due to their use of CBD derived from cannabis extracts, which are classified as narcotics in Portugal.
Affected Products
The brands impacted by this ruling include SVR, Naturasor, and Dermacol. The specific products that have been removed from shelves are:
- SVR CBD Ampoule Resist
- Naturasor CBD Hot Cream
- CBD Cold Cream
- Origin Natural Oil Blend CBD (10%, 20%, 30%)
- Origin Natural Oil Blend 15% CBD + Melatonin
- Dermacol’s BB Cream CBD Light, BB Cream CBD Medium, CBD Mascara, and CBD Lipstick no. 3.
Conflicting with EU Legislation
This regulatory action appears to contradict the European Union’s free movement of goods principle and goes against a 2020 ruling by the European Court of Justice, which determined that CBD is not classified as a narcotic under international conventions. This ruling stated that EU member states cannot ban the sale of legally manufactured CBD products.
Portugal's decision raises concerns about potential violations of EU law, which prohibits the restriction of legally produced CBD products without scientific evidence of harm. As consumer interest in CBD-based beauty and personal care products grows across Europe, this could lead to legal challenges for brands operating in this sector.
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